Acórdão nº 9850005 de Court of Appeal of Porto (Portugal), 27 de Abril de 1998
| Magistrado Responsável | LAZARO DE FARIA |
| Data da Resolução | 27 de Abril de 1998 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Indicações Eventuais: O PROCESSO RECORRIDO É DA QUINTA SECÇÃO.
Área Temática: DIR PROC CIV. DIR CIV - DIR RESP CIV.
Legislação Nacional: CPC61 ART26 N1 N2 N3. CCIV66 ART498. CONST82 ART18 N3 ART27 N5. CPP87 ART225 N1 N2 ART226.
Jurisprudência Nacional: AC TC IN BMJ N353 PAG195.
Sumário: I - Na acção, onde a autora pretende que os réus sejam condenados a pagar-lhe solidariamente certa indemnização, proposta contra o Estado português e dois indivíduos que àquela teriam movido procedimento criminal através de denúncia caluniosa dando causa a que a autora sofresse prisão preventiva ilegal, os segundos réus ( marido e mulher ) são partes legítimas ( legitimidade processual passiva ). II - À caducidade desse pretenso direito da...
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