Acórdão nº 0005424 de Supremo Tribunal Administrativo (Portugal), 27 de Novembro de 1996 (caso None)
| Magistrado Responsável | CARLOS HORTA |
| Data da Resolução | 27 de Novembro de 1996 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC TRAB. DIR PROC CIV - PROCED CAUT.
Legislação Nacional: CPC39 ART406. CPC67 ART399 ART400 ART401 N1. CPT81 ART1 N2 A ART38 ART39 ART40 ART41 ART42 ART43 ART44 ART45. CCIV66 ART829-A. CONST89 ART58.
Jurisprudência Nacional: AC STJ DE 1962/07/31 IN BMJ N119 PAG409. AC STJ DE 1988/01/29 IN BMJ N373 PAG451.
Sumário: I - A providência cautelar não especificada ou inominada pode requerer-se quando uma pessoa tenha fundado receio de que outrem, antes da propositura da acção ou na pendência desta, cause lesão grave ou de difícil reparação. II - Uma lesão já efectuada pode constituir fundamento de justo receio de outras e, assim, basear o pedido das providências adequadas para evitar novas lesões. III - É de receber a providência cautelar não especificada quando a requerente pretende que a sua entidade patronal se abstenha de continuar a lesá-la, pois a trabalhadora tem fundado...
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