Acórdão nº 0056262 de Court of Appeal of Lisbon (Portugal), 19 de Dezembro de 1991
| Magistrado Responsável | EDUARDO BAPTISTA |
| Data da Resolução | 19 de Dezembro de 1991 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: BMJ N296 PAG319.
Área Temática: DIR CIV - DIR FAM. DIR PROC CIV - PROCED CAUT.
Legislação Nacional: CPC67 ART406 N1.
Jurisprudência Nacional: AC RL DE 1976/11/02 IN BMJ N296 PAG319.
Sumário: I - No procedimento cautelar o agravo tem por objecto, como é típico dos recursos, a reapreciação da decisão proferida e, assim, conseguir-se o reconhecimento eventual de que as partes não são as legítimas, que o fundamento invocado não se verifica, ou ficou insuficientemente comprovado, etc. Ou seja, no agravo há que verificar se os elementos factuais reunidos nos autos justificavam a providência ordenada (RL, 79/11/02, BMJ 296-319). II - No agravo não se trata de obter ou conseguir uma decisão diferente sobre matéria nova e ainda não considerada nos autos. III - Nos embargos, pelo contrário, há lugar para a...
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