Acórdão nº 084930 de Supremo Tribunal Administrativo (Portugal), 20 de Janeiro de 1994 (caso None)
Magistrado Responsável | RAUL MATEUS |
Data da Resolução | 20 de Janeiro de 1994 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV - PROC ESP / RECURSOS.
Legislação Nacional: CPC67 ART202 ART208 ART493 N3 ART496 A ART497 N1 N3 ART498 ART668 N1 B D N3 ART716 N1 ART749 ART1053 N2.
Sumário : I - O acórdão da Relação que reconheça a existência da excepção paremptória do caso julgado apenas pode decretar a absolvição do pedido, sendo-lhe proibido reproduzir a decisão anterior, com trânsito em julgado, que pusera termo à fase declarativa da acção, não podendo, como tal, subsistir. II - A excepção de caso julgado visa evitar que o orgão jurisdicional, duplicando as decisões sobre idêntico objecto processual, contrarie na decisão posterior o sentido da decisão anterior ou repita na decisão posterior o conteúdo da decisão anterior: a excepção de caso julgado garante não apenas a impossibilidade de o...
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