Acórdão nº 0059662 de Supremo Tribunal Administrativo (Portugal), 27 de Fevereiro de 1992 (caso None)
Magistrado Responsável | SOUSA DINIS |
Data da Resolução | 27 de Fevereiro de 1992 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR PROC CIV. DIR TRIB - DIR CUSTAS JUD / ASSIST JUD.
Legislação Nacional: CPC67 ART327 N1. DL 387-B/87 DE 1987/12/29 ART20 C ART26 N3 ART28 ART29.
Sumário: I - No chamamento à autoria, a lei não prevê por parte do chamado a oposição ao chamamento. O chamado aceita ou não aceita a autoria. Portanto, a peça de fls. tem de ser encarada apenas como uma declaração de não aceitação da autoria. II - A não aceitação da autoria não implica como corolário lógico que o chamado, embora totalmente alheado do processo, não venha a tirar dele proveito ou vir a ser prejudicado, uma vez que a sentença final terá para ele força de caso julgado. III - Mas há um ponto que lhe é totalmente indiferente: o dos preparos e o das custas prévias, que se não vai reflectir no chamado que não aceita a autoria. IV - Por isso, não é admissível a oposição do chamado ao pedido de apoio judiciário formulado pelo chamante. Aliás, o Decreto-Lei 387-B/87, de 29/12, é claro quanto a quem se pode...
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