Acórdão nº 9130891 de Court of Appeal of Porto (Portugal), 16 de Março de 1992
Magistrado Responsável | AZEVEDO RAMOS |
Data da Resolução | 16 de Março de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART497 N1 ART498 ART677.
Jurisprudência Nacional: AC STJ DE 1978/02/23 IN BMJ N274 PAG191. AC STJ DE 1980/01/17 IN BMJ N293 PAG235.
Sumário: I - A sentença constitui caso julgado quando a decisão proferida seja imodificável; e esta transita em julgado logo que não seja susceptível de recurso ordinário ou de reclamação. Quando transita em julgado a decisão referente à relação material em litígio, forma-se o caso julgado material. II - O caso julgado visa evitar a contradição prática dos julgados, ou seja a existência de decisões concretamente incompatíveis. III - Para haver caso julgado necessário se torna que haja repetição de uma causa - artigo 497, nº 1, do Código de Processo Civil - com decisão já transitada. É através da identidade dos sujeitos ( limites subjectivos ), do pedido e da causa de pedir ( elementos objectivos ) que se define a extensão do caso julgado. IV - Há identidade dos sujeitos quando as partes são as mesmas sob o ponto de vista da sua qualidade jurídica; há identidade de pedido quando numa e...
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