Acórdão nº 001431 de Supremo Tribunal de Justiça (Portugal), 31 de Outubro de 1986 (caso NULL)
Magistrado Responsável | MELO FRANCO |
Data da Resolução | 31 de Outubro de 1986 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR PROC TRAB. DIR PROC CIV. DIR CIV - DIR REAIS.
LegislaÁ„o Nacional: CPT81 ART1 N2 N3. CPT63 ART14 ART27. LOTJ77 ART66. CPC67 ART199 N1 ART206 N1 ART1033 N1 ART1034 N2 A B ART1035 ART1036 ART1037 ART1040 N1 ART1042 B ART1043. CCIV66 ART1251 ART1253. CCIV867 ART474.
JurisprudÍncia Nacional: AC RLM DE 1953/05/01 IN BMJ N41 PAG287.
Sum·rio : I - O conhecimento e julgamento de embargos de terceiro, opostos a uma execuÁ„o por quantia certa intentada por trabalhadores contra a sua entidade patronal condenada a pagar-lhe quantias a liquidar em execuÁ„o de sentenÁa, e da competencia dos tribunais de trabalho por ser dependencia de pedido para o qual eram indiscutivelmente competentes aqueles tribunais. II - Nos embargos de terceiro, n„o tendo sido pedido o reconhecimento do direito de propriedade, n„o era de aplicar a alinea a) do n. 2 do artigo 1034 do Codigo de Processo Civil, pelo que o processo devia ter seguido a forma sumaria - n. 1 do artigo 1033 do mesmo Codigo. III - Seguindo a forma ordinaria, cometeu-se uma nulidade por erro na forma do processo, que devia ser arguida ate ao despacho saneador, ou conhecia oficiosamente nesta peÁa processual (artigos 199, n. 1, e 206, n. 1, ambos do Codigo de Processo Civil) pelo que se deve considerar sanada, tanto mais que n„o influi no exame e decis„o da causa, tendo ate dado maiores...
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