Acórdão nº 084321 de Supremo Tribunal Administrativo (Portugal), 20 de Janeiro de 1994 (caso None)
Magistrado Responsável | ROGER LOPES |
Data da Resolução | 20 de Janeiro de 1994 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: DECIDIDO NÃO TOMAR CONHECIMENTO. ALTERADA A ESPÉCIE DE RECURSO.
Área Temática: DIR PROC CIV - RECURSOS.
Legislação Nacional: CPC67 ART510 N1 A B C N5 ART733 ART754. DL 242/85 DE 1985/07/09.
Jurisprudência Nacional: AC STJ PROC83576. AC STJ PROC81745. AC STJ PROC82269.
Sumário : I - A alínea c) do n. 1 do artigo 510 do Código de Processo Civil impõe que, no despacho saneador, se conheça directamente do pedido, se a questão de mérito for unicamente de direito e puder já ser decidida com a necessária segurança ou se, sendo a questão de direito e de facto, ou só de facto, o processo contiver todos os elementos para uma decisão conscienciosa. A Reforma Intercalar do Processo Civil (Decreto-Lei n. 242/85, de 9 de Julho) aditou ao artigo referido o n. 5 que, entre outras medidas nele destacadas, aboliu o recurso do despacho saneador que, por falta de elementos reputados...
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