Acórdão nº 083361 de Supremo Tribunal de Justiça (Portugal), 09 de Junho de 1993 (caso NULL)
Magistrado Responsável | RAUL MATEUS |
Data da Resolução | 09 de Junho de 1993 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - DIR FAM.
Legislação Nacional: CPC67 ART650 F ART664 ART712 N2 ART721 N2 ART726 ART729 N1 N3 ART755 N1. L 38/87 DE 1987/12/23. CCIV66 ART1798 ART1871 N1 A C N2.
Jurisprudência Nacional: AC STJ DE 1984/12/13 IN BMJ N342 PAG361. AC STJ DE 1986/05/20 IN BMJ N357 PAG336.
Sumário : I - O Supremo, quando solicitado por via de recurso, só conhece, em princípio, de matéria de direito. II - O Supremo não pode criticar as decisões da Relação que, por inverificação das situações previstas no artigo 712, n. 2, do Código de Processo Civil, se hajam recusado a anular a decisão do Colectivo, e, designadamente, quando esteja em causa a formulação de novos quesitos. III - O Supremo pode, tão somente, censurar as decisões da Relação que, positivamente, tenham feito uso do poder anulatório que lhe é cometido pelo artigo 712, n. 2, do Código de Processo Civil, mas, mesmo assim, apenas no caso de ter havido desbordamento do quadro legal aplicável. IV - É legítimo ao Supremo Tribunal de Justiça ordenar que o processo volte à 2 instância quando entender que a decisão de facto pode e deve ser ampliada em ordem a constituir base suficiente para a decisão de direito, dependendo, pois, o uso dessa faculdade da confluência dos seguintes factores: 1) que se trate de factos articulados pelas partes...
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