Acórdão nº 075350 de Supremo Tribunal de Justiça (Portugal), 28 de Janeiro de 1988 (caso NULL)
Magistrado Responsável | FREDERICO BAPTISTA |
Data da Resolução | 28 de Janeiro de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - TEORIA GERAL / DIR OBG.
Legislação Nacional: CPC67 ART264 ART633 ART653 N2 ART655 ART712 N1 A ART722 N2. CCIV66 ART8 N2 ART236 N1 ART237 ART238 ART342 N2 ART376 ART398 ART399 ART405 ART406 ART410 ART437 ART812.
Sumário : I - O número de testemunhas, na qual não se contam as que declaram nada saber, que podem ser inquiridas sobre cada facto - artigo 633, do Código de Processo Civil - estabelece apenas, um princípio de disciplina processual, já que, na fixação da matéria factual apurada, o tribunal colectivo aprecia livremente as provas e responde segundo a convicção que tenha formado acerca de cada facto quesitado - artigo 655 do Código de Processo Civil. II - O princípio da oralidade, estabelecendo um contacto directo entre o tribunal que há-de julgar e os elementos de que tem de extrair a sua convicção, garante mais eficazmente o interesse da Justiça, permitindo ao julgar dar uma melhor apreciação, segundo a sua experiência e a sua prudência, sem subordinação a regras ou critérios ditados por lei. III - O tribunal, apenas tem que especificar os fundamentos que foram decisivos para a convicção do julgador - artigo 653, n. 2, do citado Código de Processo. IV - A Relação, não tendo ao seu alcance todos os elementos de prova, ao alterar as...
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