Acórdão nº 0077894 de Court of Appeal of Lisbon (Portugal), 20 de Maio de 1992
Magistrado Responsável | ALVARO VASCO |
Data da Resolução | 20 de Maio de 1992 |
Emissor | Court of Appeal of Lisbon (Portugal) |
Acordam em conferência na Secção Social do Tribunal da Relação de Lisboa. Interpôs (Y) A. no C.J.T. 41/84, a correr termos contra Metropolitano de Lisboa e, afecto aos presentes autos, recurso de agravo para a acta, do despacho do Mmo. Juiz do Tribunal "a quo" que o julgou inábil para depôr como testemunha nos presentes autos, passando imediatamente a ditar para a acta as respectivas alegações e conclusão. Terminadas as mesmas, deu o Sr. Juiz a palavra ao douto patrono da Ré, tendo este defendido a confirmação do decidido. De imediato foi sustentado o respectivo agravo. Suscitou-se a questão prévia de saber se é ou não de admitir o recurso interposto para a acta e nela se verificar toda a sua tramitação. Analisemos em primeiro lugar o disposto nos ns. 1 e 2 do art. 687 do C.P.C, art. 411 nos. 2 e 3 do C.P.P. e 76 n. 1 do C.P.Trabalho. Ns. 1 e 2 do art. 687 do CPC: N. 1 - "Os recursos interpoem-se por meio de requerimento, entregue na Secretaria do Tribunal, que proferiu a decisão recorrida e no qual se indique a espécie de recurso interposto". N. 2 - "A entrada do requerimento fixa a data de interposição do recurso". Dispõem os ns. 2 e 3 do art. 411 do C.P. Penal: N. 2 - "O recurso de decisão proferida em audiência pode ser interposto por simples declaração na acta". N. 3 - O requerimento de interposição de recurso é sempre motivado. "Se o recurso foi interposto por declaração na acta, a motivação pode ser apresentada no prazo de 10 dias, contados da data de interposição". Impõe o art. 76 n. 1: "O requerimento de interposição de recurso deverá conter a alegação do...
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