Acórdão nº 085168 de Supremo Tribunal Administrativo (Portugal), 07 de Junho de 1994 (caso None)
Data | 07 Junho 1994 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR CIV - DIR RESP CIV. DIR PROC CIV - RECURSOS.
Legislação Nacional: CPC67 ART659 N3 ART664 ART713 N2 ART726 N1 ART729 N1 N2. CE54 ART5 N2 ART7 N1 N2 F G ART38 N4 N10. CCIV66 ART483 N1 ART487 N2 ART496 N1 ART563 ART564 N1 ART566 N3 ART570 N1. CCOM888 ART426 ART427. DL 522/85 DE 1985/12/31 ART5.
Jurisprudência Nacional: AC STJ DE 1990/10/01 IN BMJ N400 PAG591. AC STJ DE 1991/05/14 IN BMJ N407 PAG406. AC STJ DE 1989/10/20 IN BMJ N390 PAG372. AC STJ DE 1991/03/20 IN BMJ N405 PAG389. AC STJ DE 1979/10/23 IN RLJ ANO113 PAG91. AC STJ DE 1971/04/16 IN BMJ N206 PAG72. AC STJ DE 1990/12/05 IN BMJ N402 PAG500. AC STJ DE 1990/10/31 IN BMJ N400 PAG591.
Sumário : I - O Supremo Tribunal Justiça não pode censurar o uso pela Relação dos poderes que são conferidos pelo artigo 712 do Código de Processo Penal - trata-se da hipótese em que a Relação nada anulou -, mas já pode censurar o uso de tais poderes - hipótese em que a Relação tenha anulado. II - É questão de direito saber se as instâncias, no todo ou em parte, exorbitaram ou não nas respostas aos quesitos...
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