Acórdão nº 0225757 de Court of Appeal of Porto (Portugal), 16 de Janeiro de 1991
Magistrado Responsável | SOUSA GUEDES |
Data da Resolução | 16 de Janeiro de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISÃO.
Área Temática: DIR TRIB - APOIO JUD.
Legislação Nacional: DL 387-B/87 DE 1987/12/29 ART20 N1 C N2 ART21 ART23 ART31 N3. CPC67 ART201 ART205 N1 ART304 N2.
Sumário: I - Os depoimentos das testemunhas inquiridas no incidente de apoio judiciário são reduzidos a escrito, visto que a decisão que vier a ser proferida é recorrível ( artigos 21 do Decreto-Lei 387-B/87 e 304 nº 2, do Código de Processo Civil ). II - A não redução a escrito desses depoimentos constitui a nulidade prevista no artigo 201 do Código de Processo Civil a qual, no caso, deve considerar-se sanada, visto que o advogado do requerente esteve presente na inquirição e não a arguiu até ao fim dessa diligência. III - O recurso a interpor da decisão sobre apoio judiciário, sendo de agravo, não está sujeito à disciplina do artigo 412 nº 2 alínea a), do Código de Processo Penal e, em processo civil, a indicação das normas jurídicas violadas apenas vem sendo exigida no recurso de revista. IV - Não deve...
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