Acórdão nº 081037 de Supremo Tribunal Administrativo (Portugal), 18 de Fevereiro de 1992 (caso None)
Magistrado Responsável | FERNANDO FABIÃO |
Data da Resolução | 18 de Fevereiro de 1992 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: R MENDES DIR PROC CIV III RECURSOS PAG346. M MONCADA NOÇÕES ELEMENTARES DE PROC CIV 1963 PAG357.
Área Temática: DIR CIV - DIR REAIS / DIR OBG / TEORIA GERAL. DIR PROC CIV - RECURSOS. DIR REGIS NOT.
Legislação Nacional: CPC67 ART490 N1 ART515 ART567 N2 ART646 N4 ART653 N2 ART659 N3 ART660 N2 ART668 D ART712 ART722 N2 ART729 N2. CCIV66 ART364 N1 N2 ART874 ART1268 N1 ART1298 B. DL 54/75 DE 1975/02/12 ART1 N1 ART5 N1 A N2. CRP84 ART5 N1 ART7.
Jurisprudência Nacional: AC STJ DE 1986/12/04 IN BMJ N362 PAG501. AC STJ DE 1988/01/26 IN BMJ N373 PAG483. AC STJ DE 1977/02/24 IN BMJ N264 PAG179. AC RL DE 1976/05/12 IN CJ T2 1976 PAG515.
Sumário : I - Em consonancia com os artigos 729 n. 2 e 722 n. 2, do Codigo de Processo Civil, o Supremo Tribunal de Justiça tem de aceitar a decisão da 2 instancia quanto a materia de facto. II - Mas ja pode verificar se a Relação, ao usar os poderes do artigo 712 do mesmo Codigo, agiu dentro dos limites traçados por lei para os exercer, o que ja constitui materia de direito. III - A Relação pode considerar não escrita a resposta a um quesito integrado por materia de facto plenamente provada por acordo das partes ou confissão, expressa ou presumida (artigos 646 n. 4, 653 n. 2 e 659 n. 3 do Codigo de Processo Civil) e dai partir para a fixação de materia de facto que a 1 instancia não havia dado como provada. IV - Por força do principio da aquisição processual, os materiais (afirmações e provas) deduzidos por uma das partes ficam...
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