Acórdão nº 040581 de Supremo Tribunal Administrativo (Portugal), 16 de Janeiro de 1990 (caso None)
Magistrado Responsável | FERREIRA VIDIGAL |
Data da Resolução | 16 de Janeiro de 1990 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CE54 ART5 N2 N5 ART59 B. CP82 ART72. DL 401/82 DE 1982/09/23 ART4. DL 147/83 DE 1983/04/04 ART1 ART2 ART3 ART4 ART6 ART7. CPC67 ART3 ART6 ART661 N1 ART668 D ART731 N1. CPP29 ART1 PARUNICO. CPP87 ART98 N1 PAR2. CONST76 ART32 N5.
Sumário : I - Com o Decreto-Lei n. 147/83, de 5 de Abril, pretendeu-se incrementar a celeridade das acções para cobrança de dividas por prestação de serviços de saude e prestação de acção social. II - O formalismo de tais acções, expresso designadamente nos artigos 6 e 7, supõe a possibilidade de oposição dos demandados, não permitindo a cobrança a revelia destes, não se podendo ter querido com tal formalismo a violação de principios basicos como o do contraditorio, consagrado no artigo 32, n. 5 da Constituição. III - Não constando da acusação nem da pronuncia as dividas de assistencia hospitalar, nem tendo a sua reclamação sido notificada ao devedor, não pode este ser condenado no pagamento dessas dividas. IV - Tendo-o sido, cometeu-se a nulidade de se ter conhecido de questão de que não podia tomar-se conhecimento - artigo 668, n. 1, alinea b) do Codigo de Processo Civil, violando-se ainda a regra do artigo 661, n. 1 do mesmo Codigo, ao condenar-se em objecto não pedido na primeira instancia nos devidos termos, ou seja, com a indicação do eventual devedor. V - Se se entendesse que a questão tinha...
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