Acórdão nº 003688 de Supremo Tribunal Administrativo (Portugal), 07 de Julho de 1993 (caso None)
Magistrado Responsável | CALIXTO PIRES |
Data da Resolução | 07 de Julho de 1993 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: ANULADA A DECISÃO. ORDENADA A BAIXA DO PROCESSO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART659 N2 ART668 N1 B ART707 N3 ART713 N2 ART718 ART722 N2 ART726 ART729 N1 N2 N3. CPT81 ART194 N2.
Jurisprudência Nacional: AC STJ PROC3448 DE 1993/05/19. AC STJ DE 1974/01/18 IN BMJ N233 PAG140. AC STJ DE 1982/10/13 IN BMJ N320 PAG360.
Sumário : I - O artigo 659, n. 2 do Código de Processo Civil prescreve que o juiz estabelecerá os factos que considere provados e que, finalmente, interpretará e aplicará a lei aos factos. II - Se o juiz o não fizer, comete a nulidade da alínea b) do n. 1 do artigo 668 do Código de Processo Civil, ainda que o recurso seja restricto à matéria de direito, pois a Relação não pode conhecer do recurso sem primeiro equacionar os factos. III - Neste caso não...
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