Acórdão nº 9250027 de Court of Appeal of Porto (Portugal), 06 de Janeiro de 1994
Magistrado Responsável | ALVES VELHO |
Data da Resolução | 06 de Janeiro de 1994 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA PRIMEIRA SECÇÃO.
Área Temática: DIR PROC CIV - PROC EXEC.
Legislação Nacional: CPP29 ART153. CPP87 ART84. CPC67 ART498 N4 ART673. CP82 ART317 N1. CCIV66 ART255.
Jurisprudência Nacional: AC RC DE 1981/12/09 IN CJ T5 ANOVI PAG79.
Sumário: I - Na falta no actual sistema jurídico de norma equivalente à do artigo 153 do Código de Processo Penal de 1929, haverá, para a consideração do efeito processual civil do caso julgado penal, que lançar mão, por força do artigo 84 do vigente Código de Processo Penal, da lei adjectiva civil. II - Para o efeito, a identidade das partes exige que sejam portadoras de um mesmo interesse substancial em ambas as acções e a identidade dos pedidos corresponde à coincidência na enunciação da forma da tutela jurídica pretendida e do conteúdo e objecto do direito a tutelar. III - Ocorre a excepção do caso julgado se o portador do cheque e exequente foi condenado, em processo criminal, anteriormente como autor material de crime de extorsão e usura contra o executado e sacador do cheque, com base em factos de que resultou a posse pelo...
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