Acórdão nº 083573 de Supremo Tribunal Administrativo (Portugal), 01 de Junho de 1993 (caso None)
Magistrado Responsável | CARDONA FERREIRA |
Data da Resolução | 01 de Junho de 1993 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: ALTERADA A ESPÉCIE DE RECURSO. NEGADO PROVIMENTO.
Indicações Eventuais: CASTRO MENDES IN RECURSOS 1980 PAG82. RODRIGUES BASTOS IN NOTAS AO CPC VIII PAG337.
Área Temática: DIR PROC CIV - RECURSOS. DIR COM - TIT CRÉDITO.
Legislação Nacional: CPC67 ART684 ART690 ART712 N1 A B ART721 ART722 N2 ART729 N2 ART754 B. LULL ART39.
Jurisprudência Nacional: AC STJ DE 1986/07/25 IN BMJ N359 PAG522. AC STJ DE 1989/11/29 IN BMJ N391 PAG514. AC STJ PROC83473 DE 1993/04/15. AC STJ PROC83397 DE 1993/04/29. AC STJ DE 1985/12/10 IN BMJ N352 PAG317 IN RLJ ANO124 PAG241. AC STJ DE 1988/06/01 IN BMJ N378 PAG728. AC STJ DE 1967/02/10 IN BMJ N164 PAG264.
Sumário : I - Versando o recurso questão processual, a espécie adequada é o agravo, ainda que, mediatamente, pudesse vir a ter relevância na decisão substantiva. II - Em atenção ao princípio da economia processual e para se evitar impasse inútil, ultrapassados prazos concedidos para alegações, a mudança da espécie de recurso de revista para agravo pode ser seguida, no mesmo acórdão, de decisão de fundo sobre o recurso. III - O não uso pela Relação, dos poderes de alteração das respostas aos quesitos pode ter um de dois contextos, basicamente: a)- ou consiste numa decisão negativa acerca da questão do uso desse poder, que lhe foi posta e que ponderou...
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