Acórdão nº 6131/2006-8 de Court of Appeal of Lisbon (Portugal), 04 de Dezembro de 2006
Magistrado Responsável | FERREIRA DE ALMEIDA |
Data da Resolução | 04 de Dezembro de 2006 |
Emissor | Court of Appeal of Lisbon (Portugal) |
Acordam no Tribunal da Relação de Lisboa : 1. O Magistrado do Mº Público junto deste Tribunal veio, com referência aos autos de providência cautelar, em que são requerentes J. […] e outros e requerida C.[…] SA, distribuída ao 1º Juízo Cível da comarca de Sintra, suscitar a resolução de conflito negativo, entre aquele tribunal e o 4º Juízo Cível da referida comarca, uma vez atribuírem-se tais juízos mutuamente competência, negando a própria, para conhecer da causa.
Notificados os magistrados em conflito, não foi apresentada qualquer resposta.
Colhidos os vistos legais, cumpre decidir.
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Distribuída ao 1º Juízo Cível de Sintra providência cautelar para ratificação de embargo de obra nova, foi ordenada a remessa dos autos ao 4º Juízo Cível daquela comarca, para apensação a processo de expropriação que aí corre termos.
Recebidos os autos, veio o 4º Juízo Cível de Sintra declarar-se, por seu turno, incompetente, por considerar manter o 1º Juízo competência para o conhecimento da providência.
Verificados os pressupostos contidos no art. 115º, nºs 2 e 3, do C.P.Civil há, assim, que solucionar o conflito suscitado.
Nos termos do art. 383º, nº1, daquele diploma, o procedimento cautelar é sempre dependência da causa que tenha por fundamento o direito acautelado.
No caso, respeita o conflito suscitado a procedimento tendo por objecto embargo de obra, traduzida na demolição de parte de edifício, relativamente à qual se discute a inclusão em área expropriada a favor da requerida...
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