Acórdão nº 0041421 de Court of Appeal of Lisbon (Portugal), 22 de Fevereiro de 1994
Magistrado Responsável | HUGO BARATA |
Data da Resolução | 22 de Fevereiro de 1994 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - TEORIA GERAL.
Legislação Nacional: CPC67 ART264 N3 ART655 ART665 ART673 ART712. CCIV66 ART396. CPP87 ART153.
Sumário: I - Não estando a letra de câmbio civilmente ajuizada e expressa e pontualmente contida no aresto-crime do Supremo Tribunal de Justiça, já transitado, que procedeu a incriminação por burla agravada num contexto factual similar ou pararelo do que o réu, na acção cível, sustenta, além de respeitar as épocas diferentes, a norma do artigo 153 do Código Processo Penal não pode deixar de coordenar-se com a do artigo 673 do Código Processo civil, que esta até é informatória daquela, pelo que se não pode dar como provado o facto pretendido ex vi contexto do aresto- crime. II - A circunstância de não constar da acta da audiência de julgamento que alguém não tenha prestado depoimento directo sobre esses quesitos, não redunda ipso facto que espontâneamente e reflexa e imediatamente essas testemunhas não se lhe tenham reportado, em termos de o tribunal poder aproveitar o conteúdo ou sentidos desses depoimentos (artigo 665, CPC, artigo 396, Código Civil). III - A circunstância de uma testemunha não ter sido ouvida directamente a um quesito não significa que espontâneamente, ao responder a outra matéria, se lhe não tenha referido, em termos de aí estar um esclarecimento da melhor água, que o Tribunal pode e deve aproveitar visto que a finalidade do...
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