Acórdão nº 0043641 de Supremo Tribunal Administrativo (Portugal), 23 de Abril de 1991 (caso None)
Magistrado Responsável | HUGO BARATA |
Data da Resolução | 23 de Abril de 1991 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - TEORIA GERAL. DIR PROC CIV.
Legislação Nacional: CPC67 ART32 ART33 ART40. CCIV66 ART323 N1 ART498.
Sumário: I - Um processo judicial é um conjunto inteligente e seriado de actos, de que são uns causa ou condição de outros, praticados de acordo com as regras processuais disciplinantes, entendidas com um mínimo de firmeza ou rigor, a fim de que a certeza e segurança dos direitos fiquem acauteladas. II - Impondo a Lei que os accionantes pleiteassem com mandato forense (art. 32 n. 1, CPC) e determinava (art. 33, CPC) que se a parte não constituir advogado, sendo obrigatória a constituição, o Tribunal, oficiosamente ou a requerimento da parte contrária, fá-la-á notificar para o constituir dentro de prazo curto, sob pena de o réu ser absolvido da instância, de não ter seguimento o recurso ou de ficar sem efeito a defesa. III - A falta de procuração e a sua insuficiência ou irregularidade podem, em qualquer altura, ser arguidas pela parte contrária e suscitadas oficiosamente pelo Tribunal, marcando o juiz o prazo dentro do qual deve ser suprida a falta ou corrigido o vício e ratificado o processado, e findo este prazo, sem que esteja regularizada a situação, fica sem efeito tudo o que tiver sido praticado pelo mandatário, devendo este ser condenado nas custas respectivas e na indemnização dos prejuízos a que tenha dado causa. IV - Com suficiência os autos mostram que o Exmo. Advogado articulante da petição inicial...
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