Discussão
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 99-100 |
Page 99
s.f. (lat. discussione).
s.c.: acto ou efeito de discutir; polémica; controvérsia.
É o ciclo processual preenchido pelos debates entre os patronos das partes: debates orais, na apresentação das pretensões dos seus constituintes e na apreciação crítica da prova produzida; debate por escrito sobre o aspecto jurídico da causa, no caso de osPage 100 advogados não terem preferido a discussão oral. Se as partes não tiverem acordado na discussão oral do aspecto jurídico da causa, a secretaria, uma vez concluído o julgamento da matéria de facto, facultará o processo para exame ao advogado do autor e depois ao do réu, pelo prazo de oito dias a cada um deles, a fim de alegarem por escrito, interpretando e aplicando a lei aos factos que tiverem ficado assentes.
Remissões:
arts. 652.º, 653.º, 657.º, 790.ºe 796.º C.P.C..
Jurisprudência:
Ac. Rel. Coimbra, de 18/12/03, in JTRCO1913/ITIJ/Net.
Ac. S.T.J., 12/12/02, in Sumários, 12/2002.
História:
O Código de 1876 consagrava ainda o velho sistema da discussão escrita (art. 400.º), a não ser que, nas acções do processo ordinário, as partes acordassem na intervenção de jurados (art. 401.º). Na prática, as partes raras vezes acordavam nesta intervenção do júri e, por isso, a discussão era quase sempre escrita.
O Código...
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