Acórdão nº 187/10.4TVLSB.L1-8 de Court of Appeal of Lisbon (Portugal), 21 de Outubro de 2010
| Magistrado Responsável | TERESA PRAZERES PAIS |
| Data da Resolução | 21 de Outubro de 2010 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: APELAÇÃO Decisão: PROCEDENTE Sumário: O art. 508º-B do CPC atribui ao juiz o poder discricionário (e, por isso, insindicável – art. 679º do CPC) de dispensar a audiência preliminar quando se verifiquem determinadas circunstâncias. E o juízo sobre a verificação dessas circunstâncias é susceptível de impugnação através de recurso.
Tal dispensa pode ser decretada nos casos em que a audiência preliminar se destinasse à fixação da base instrutória, a facultar a discussão de excepções dilatórias já debatidas nos articulados ou do mérito da causa; no primeiro caso se a simplicidade da causa o justificar e no segundo se a apreciação se...
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