Acórdão nº 680/10.9T2AMD.L1-2 de Court of Appeal of Lisbon (Portugal), 13 de Janeiro de 2011
Magistrado Responsável | TERESA ALBUQUERQUE |
Data da Resolução | 13 de Janeiro de 2011 |
Emissor | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: APELAÇÃO Decisão: IMPROCEDENTE Sumário: I - Quis o nosso legislador que ao pressuposto processual negativo que representa a inexistência de caso julgado não obstasse a prolação da decisão final num dos processos, desde que a mesma, apesar de proferida, se mostrasse ainda passível de recurso ordinário.
II - Quis também que todas as situações de litispendência tivessem tratamento igual, entendendo ser indiferente para a actuação do carácter dilatório da excepção em causa que numa das acções já tenha sido proferida tal decisão, obrigando a que também aí seja feita actuar a absolvição da instância na acção em que o réu tenha sido citado ulteriormente.
III -O preço da maior urgência e simplicidade que advêm de se obter decisão sem actuação do contraditório, é, para o efeito aqui em análise, o de se perder a decisão já proferida e até mesmo a sua execução. Mas outro resultado inaceitável, já que num confronto entre o princípio do contraditório e o da economia processual, não pode deixar de se dar absoluta prevalência àquele, ligado como o mesmo está ao direito de defesa e consequentemente ao fundo da causa, ao contrário deste de que apenas advêm benefícios de menor custo formal.
IV- O facto ocorrido na pendência da instância que despoleta a inutilidade superveniente da lide não pode traduzir-se no trânsito em julgado de...
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