Acórdão nº 039542 de Supremo Tribunal Administrativo (Portugal), 25 de Maio de 1988 (caso None)
Magistrado Responsável | MANSO PRETO |
Data da Resolução | 25 de Maio de 1988 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR PROC PENAL - RECURSOS.
Legislação Nacional: CPC67 ART666 N1 N2 ART461 ART462 ART463.
Legislação Estrangeira: CPC IT ART287. CPC73 BRA ART464 ART535.
Sumário : I - Para a eliminação de certos defeitos ou vicios da sentença a lei preve alguns remedios, entre os quais o esclarecimento de duvidas nela existentes, que são dirigidos ao proprio tribunal que proferiu a decisão e, por isso, mais expeditos que aqueles cuja apreciação e devolvida ao tribunal superior - os recursos - estes directamente orientados no sentido de remover o erro de julgamento. II - A declaração contida no n. 1 do artigo 666 do Codigo de Processo Civil de que (proferida a sentença fica imediatamente esgotado o poder jurisdicional do juiz quanto a materia da causa) tem de ser entendida em termos habeis como querendo dizer que lavrada e incorporada nos autos a sentença, o juiz ja não pode alterar a decisão da causa, nem modificar os fundamentos dela...
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