Acórdão nº 079389 de Supremo Tribunal de Justiça (Portugal), 25 de Outubro de 1990 (caso NULL)
| Magistrado Responsável | MARQUES CORDEIRO |
| Data da Resolução | 25 de Outubro de 1990 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO. ORDENADA A BAIXA DO PROCESSO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART646 N4 ART712 N2. CCIV66 ART980.
Jurisprudência Nacional: AC STJ DE 1946/02/19 IN RLJ ANO79 PAG108. AC STJ DE 1947/04/15 IN RLJ ANO80 PAG168.
Sumário : I - O Supremo Tribunal de Justiça não pode anular as decisões do Colectivo mas pode exercer censura sobre o uso que a Relação faça da faculdade que lhe e concedida pelo artigo 712 n. 2 do Codigo de Processo Civil, quando o exercicio do poder por parte da Relação se não contenha dentro dos limites legais e haja, portanto, violação da lei. II - Embora não seja liquida a questão de saber se a segunda instancia decidiu bem ou mal...
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