Acórdão nº 0008313 de Supremo Tribunal Administrativo (Portugal), 14 de Fevereiro de 1996 (caso None)
| Magistrado Responsável | SANTOS MONTEIRO |
| Data da Resolução | 14 de Fevereiro de 1996 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV - PROC EXEC.
Legislação Nacional: CPC67 ART823 ART837 ART856. L 28/84 DE 1984/08/14 ART10 ART45.
Jurisprudência Nacional: AC TC DE 1993/06/29 IN DR IIS DE 1994/01/19. AC RP DE 1994/11/03 IN CJ 1994 TV PAG202.
Sumário: I - Tendo o exequente, em execução sumária, nomeado à penhora: 1/3 da pensão de reforma que o executado aufere da Caixa Nacional de pensões; 1/3 dos subsídios ou pensões que aufere da Santa Casa da Misericórdia de Lisboa, e o direito e acção à meacção que o executado detém no casal constituido por si e sua esposa; - não deve indeferir-se "in limine", nem a penhora de 1/3 da pensão de reforma, com fundamento na sua absoluta impenhorabilidade; Nem 1/3 dos subsídios ou pensões auferidos da Santa Casa da Misericórdia, com o fundamento de que o bem a penhorar não foi cabalmente identificado, por não indicação do seu montante que desde logo se referiu ser desconhecido. II - Com efeito, embora a penhora de...
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