Acórdão nº 084616 de Supremo Tribunal de Justiça (Portugal), 05 de Maio de 1994 (caso NULL)
Magistrado Responsável | FIGUEIREDO DE SOUSA |
Data da Resolução | 05 de Maio de 1994 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR SUC / DIR REAIS. DIR PROC CIV - PROC INVENT.
Legislação Nacional: CCIV66 ART204 ART2123. CRP84 ART8. L 38/87 DE 1987/12/23 ART29. DL 387-B/87 DE 1987/12/29 ART54 N1 N2. CPC67 ART489 N1 ART647 N1 ART655 ART676 N1 ART684 N3 ART690 N1 ART722 ART729 ART1394. CCP63 ART5. CCA88 ART5 ART7.
Jurisprudência Nacional: AC STJ DE 1974/11/05 IN BMJ N241 PÁG242. AC RP DE 1974/11/13 IN BMJ N241 PÁG344.
Sumário : I - Os tribunais de recurso só podem e devem conhecer, não sendo do conhecimento oficioso, as questões que tenham sido apreciadas e decididas nos tribunais reunidos , pois os recursos viram apenas à sua nova apreciação e alteração, se for caso disso, salvo invocando-se a nulidade da omissão da pronúncia. II - Há contradição entre os fundamentos do acórdão e a decisão proferida quando os fundamentos invocados pelo julgador deveriam logicamente conduzir ao resultado oposto ao que vier expresso na decisão, mas no caso dos autos a contradição referida verifica-se entre os meios de prova produzidos e as regras sobre o ónus da prova e os factos que a Relação considerou provados, mas este regime de nulidade não se aplica ao julgamento da matéria de facto, onde impera o princípio da liberdade de julgamento, artigo 655 do Código de Processo Civil. III - É certo que a lei civil não considera o...
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