Acórdão nº 070055 de Supremo Tribunal Administrativo (Portugal), 06 de Maio de 1982 (caso None)
Magistrado Responsável | RODRIGUES BASTOS |
Data da Resolução | 06 de Maio de 1982 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC TRIB PLENO.
Decisão: FINDO O RECURSO POR NÃO EXISTIR OPOSIÇÃO.
Indicações Eventuais: TRADUZ ORIENTAÇÃO CORRENTE.
Área Temática: DIR PROC CIV - RECURSOS.
Legislação Nacional: LSQ ART42 PAR1. CPC67 ART765 N5.
Jurisprudência Nacional: AC STJ DE 1961/05/24 IN BMJ N107 PAG460. AC STJ DE 1961/11/15 IN BMJ N111 PAG362. AC STJ DE 1966/07/12 IN BMJ N159 PAG338. AC STJ DE 1960/06/08 IN BMJ N98 PAG421. AC STJ DE 1961/06/04 IN BMJ N108 PAG311. AC STJ DE 1966/11/15 IN BMJ N161 PAG354.
Sumário : I - Para que se verifique oposição de acordãos que revele conflito de jurisprudencia, e necessario: a) que sejam proferidos dois acordãos adoptando soluções opostas; b) que esses acordãos hajam resolvido a mesma questão fundamental de direito; c) que tenham sido proferidos no dominio da mesma legislação. II - Para que se possa dizer que as soluções adoptadas são opostas, e necessario que as situações de facto sejam identicas. III - A oposição, para ser relevante, ha-de ser expressa, isto e, a questão fundamental de direito resolvida pelos arestos em sentido contrario deve ter sido por eles directamente...
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