Acórdão nº 077977 de Supremo Tribunal Administrativo (Portugal), 19 de Setembro de 1989 (caso None)
Magistrado Responsável | ALCIDES DE ALMEIDA |
Data da Resolução | 19 de Setembro de 1989 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: R BASTOS NOTAS AO CPC VOLII PAG33. A REIS CPC ANOTADO VOLII PAG389. P CUNHA PROC COMUM DE DECLARAÇÃO VOLI 2 ED PAG287. C MENDES MANUAL Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART137 ART476 ART668 N1 D.
Sumário : I - O benefício que o n. 1 do artigo 476 do Código de Processo Civil concede ao autor de poder apresentar nova petição inicial fundamenta-se, tal como acontece com o indeferimento liminar em si, em clara economia processual, pois a nova petição, além de evitar a propositura de nova acção, manterá a data da propositura da acção que a primitiva petição fixara. II - A nova petição deverá estar isenta dos defeitos que a anterior apresentava e que determinaram o indeferimento. III - O juiz face à nova petição apresentada, deverá aceitá-la sem restrições e ordenar a citação do réu, sem prejuízo da apreciação do mérito da causa no despacho saneador, se as deficiências da nova petição assim o determinarem. IV - Mas desde que o procedimento seja diferente, indeferida novamente a petição, nada obstará à apresentação da nova petição, pois, essa actuação estará no desenvolvimento lógico da atitude tomada ao indeferir-se de novo a petição. V - Deverá...
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