Acórdão nº 0071051 de Supremo Tribunal Administrativo (Portugal), 19 de Outubro de 1993 (caso None)
Data | 19 Outubro 1993 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC CIV - RECURSOS.
Legislação Nacional: CPC67 ART154 ART456 ART459 ART655. CCJ62 ART208 N1 A.
Sumário: I - Conspectuada a concepção legislada do instituto do recurso, é manifesto que as conclusões apresentadas pela recorrente são inadequadas, pelo que, para evitar moratórias, nos vamos socorrer do que está na alegação proprio sensu e corresponda aos itemes das "conclusões". II - A pedra de toque está não em quanto as testemunhas dizem mas na convicção que o tribunal forma após a produção de todos os meios de prova: art. 655, CPC e BMJ, 275, 115. III - Impõe-se a qualificação como litigante de má fé (art. 456, CPC) quando o recorrente cita um facto assente mas transcreve-o amputadamente, reitera na truncagem do que está nos autos, e inscreve na alegação que "o tribunal a quo decidiu... (demarcando o mero voluntarismo do orgão jurisdicional)," ... e na resposta o colectivo, de forma a estabelecer confusão ...", "manifesta falta de imparcialidade do tribunal a quo", "... apesar do tribunal a quo pretender estabelecer confusão ..." - tudo isto manifesta oposição do que os autos ilustram e a recta...
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