Acórdão nº 9210380 de Court of Appeal of Porto (Portugal), 01 de Julho de 1992
Magistrado Responsável | EMIDIO TEIXEIRA |
Data da Resolução | 01 de Julho de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISÃO.
Área Temática: DIR PROC PENAL - RECURSOS. DIR TRIB - DIR CUSTAS JUD.
Legislação Nacional: CCJ62 ART110. CPC67 ART145 N5 N6 ART146 N1. CPP87 ART107 N2.
Jurisprudência Nacional: AC STJ DE 1988/02/02 IN BMJ N374 PAG385. AC STJ DE 1989/04/05 IN CJ T2 ANOXIV PAG8.
Sumário: I - Verifica-se justo impedimento quando a pessoa que deveria praticar o acto foi colocada na impossibilidade absoluta de o fazer, por si ou por mandatario, em virtude da ocorrencia de um facto, independente da sua vontade, e que um cuidado e diligencia normais não fariam prever. II - O facto de se deixar para a tarde do ultimo dia do prazo o pagamento da taxa de justiça relativa a recurso, em processo de suma importancia, denota descuido, designadamente se e necessario deslocar-se doutra comarca, pelo que a detecção duma avaria na viatura deveria ser ultrapassada por recurso a outros meios (pagamento...
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