Acórdão nº 0006111 de Court of Appeal of Lisbon (Portugal), 22 de Junho de 1992
Magistrado Responsável | CARDONA FERREIRA |
Data da Resolução | 22 de Junho de 1992 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: RECL PRESIDENTE.
Decisão: DEFERIMENTO.
Área Temática: DIR PROC CIV - RECURSOS.
Legislação Nacional: CONST82 ART20. CCIV66 ART9 N1. CPC67 ART612 N1 ART680 N1.
Referências Internacionais: CONV EUROPEIA DIREITOS DO HOMEM - ART6. DECLARAÇÃO UNIVERSAL DIREITOS DO HOMEM - ART10.
Sumário: I - O poder só é descricionário quando o Tribunal pode realizar, ou não, uma diligência, sem condicionantes sobre o fazer ou não fazer (J. A. Reis, anotado, V, pag. 253). II - É o caso, mesmo no âmbito da inspecção judicial, de iniciativa oficiosa, ressalvando naturalmente o seu uso legal. III - Mas, à luz de uma moderna visão do direito probatório, como corolário essencial do direito de acesso à Justiça (artigo 20 da Constituição) e numa visão integrada da Convenção Europeia dos Direitos do Homem (artigo 6) e da Declaração Universal dos Direitos do Homem (art. 10), uma perspectiva actualista do Direito (art. 9, n. 1, do Código Civil) implica a possibilidade do...
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