Acórdão nº 068215 de Supremo Tribunal de Justiça (Portugal), 06 de Dezembro de 1979 (caso NULL)
Magistrado Responsável | ABEL DE CAMPOS |
Data da Resolução | 06 de Dezembro de 1979 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR PROC CIV.
LegislaÁ„o Nacional: CPC67 ART295 N1 ART498 ART729 N3. CCIV66 ART1311. CADM40 ART109 N4 ART797 ART816. DL 294/77 DE 1977/07/20 ART18. DL 198-A/75 DE 1975/04/14. DL 445/74 DE 1974/09/12 ART19 N3. RCR 14/78 IN DR 25 IS 1978/01/30.
JurisprudÍncia Nacional: AC STJ DE 1962/12/07 IN BMJ N122 PAG485. AC STJ DE 1963/10/25 IN BMJ N130 PAG435. AC STJ DE 1978/01/19 IN BMJ N273 PAG206.
Sum·rio : I - O "julgamento" a que se referia o n. 4 do artigo 109 do Codigo Administrativo, a efectuar nos termos do paragrafo unico do mesmo artigo (um e outro declarados inconstitucionais pela ResoluÁ„o n. 14/78 do Conselho da RevoluÁ„o, publicada no Diario da Republica, n. 25, I Serie, de 30 de Janeiro de 1978) n„o constituia uma verdadeira decis„o judicial, porque os Tribunais do contencioso administrativo eram apenas as Auditorias e o Supremo Tribunal Administrativo (artigo 797 do mesmo Codigo). II - Assim, quando no respectivo processo se desistisse do pedido, n„o parece que pudesse entender-se, por aplicaÁ„o do n. 1 do artigo 295 do Codigo de Processo Civil, que dai resultasse para o desistente a extinÁ„o do direito que pretendia fazer valer; todavia, supondo que tal aplicaÁ„o fosse legitima, e claro que o direito que se extinguia era somente o de requerer ao Administrador do Bairro o despejo sumario previsto naquela disposiÁ„o, e n„o o de exigir judicialmente o reconhecimento do seu direito de propriedade e a...
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