Acórdão nº 062605 de Supremo Tribunal de Justiça (Portugal), 21 de Fevereiro de 1969 (caso NULL)
Data | 21 Fevereiro 1969 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV. DIR FISC.
Legislação Nacional: CPC61 ART329 N2 ART668 N1 D N3 ART685 ART886 A.
Jurisprudência Nacional: AC STJ DE 1950/03/17 IN BMJ N18 PAG261. AC STJ DE 1964/12/03 IN BMJ N142 PAG272.
Sumário : I - Se o tribunal de segunda instancia apreciou uma questão que tinha sido posta a sua consideração pelo recorrente, não se verifica a nulidade da alinea d) do n. 1 do artigo 668 do Codigo de Processo Civil; e saber se podia ou não decidir como fez e problema de merito, que transcende o ambito das nulidades da decisão. II - Igualmente um despacho pode ser ilegal por autorizar uma conduta não tutelada pelo direito, mas não enferma por esse motivo das nulidades enunciadas nas diversas alineas do n. 1 do mencionado artigo. III - Tendo ficado desertas, numa execução fiscal do Ultramar, a 1 e a 2 praças, e manifestamente ilegal o despacho do juiz que, oficiosamente, sem audiencia do exequente e do executado, ordenou que a...
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