Acórdão nº 0043721 de Court of Appeal of Lisbon (Portugal), 04 de Fevereiro de 1992
Data | 04 Fevereiro 1992 |
Órgão | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV. DIR TRIB - ASSIST JUD.
Legislação Nacional: DL 387-B/87 DE 1987/12/29 ART1 ART22 N1 ART31 N2. CCJ62 ART98. CPC67 ART283.
Jurisprudência Nacional: AC RL DE 1978/05/09 IN CJ ANO1978 T3 PAG922. AC RP DE 1980/11/27 IN BMJ N301 PAG461.
Sumário: I - O alcance do apoio judiciário depende em concreto do valor da acção. Para a decisão do respectivo incidente há que conjugar, entre outros factores, a situação económica do requerente com o montante efectivo dos preparos ou das custas. II - É óbvio que a insuficiência de meios económicos para fazer valer ou depender os seus direitos, a que se refere o artigo 1 do DL 387-B/87, depende directamente do valor monetário a dispender, o qual é calculado sobre o valor da causa, como preceitua o artigo 16 do CCJ. III - O artigo 283, CPC dispõe que enquanto durar a suspensão da instância só podem praticar-se validamente os actos urgentes destinados a evitar dano irreparável, não correndo os prazos judiciais enquanto durar a suspensão. IV - Haverá, em consonância, que apreciar o pedido de apoio judiciário, balizado pelo valor neste momento atribuído à acção, já que o incidente sobre o valor da causa tem de ficar suspenso. V - Instruído o pedido de apoio judiciário, as autoras juntaram 2 atestados de residência, dimanados da Junta de Freguesia de Rio de Mouro, que certificam, um, que o agregado familiar da requerente Adélia é constituído por ela, que é doméstica, por sua mãe e por seu marido, que recebe mensalmente o vencimento de 179843 escudos; e o outro, que a requerente Ema percebe mensalmente 139217 escudos, sendo médica, divorciada e vivendo com um filho de 8 anos de idade. VI - A capitação dos agregados familiares é de 63812 escudos (319060...
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