Acórdão nº 9840115 de Court of Appeal of Porto (Portugal), 23 de Março de 1998
Magistrado Responsável | SOUSA PEIXOTO |
Data da Resolução | 23 de Março de 1998 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: DL 387-B/87 DE 1987/12/29 ART7 ART18 ART19 ART22 ART29. CPC67 ART265 N3.
Sumário: I - A concessão do benefício do apoio judiciário não é oficiosa, tem de ser requerida pelo interessado ou por quem o representa. II - Cabe ao requerente o ónus de alegar os factos referentes à sua insuficiência económica, bem como a indicação dos respectivos meios de prova, salvo se gozarem da presunção legal. III - Faltando à inquirição as testemunhas que o requerente se comprometera a apresentar e nenhuma outra prova tendo sido por ele oferecida, a pretensão tem de ser indeferida. IV - Apesar do ênfase que o novo Código de Processo Civil deu ao princípio da oficiosidade e de que o disposto no n.3 do artigo 265 é exemplo, a regra continua a ser a do princípio dispositivo, devendo aquele ser meramente complementar deste. V - Não se concebe que o juiz tenha a obrigação de suprir a inércia das partes...
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