Acórdão nº 073105 de Supremo Tribunal de Justiça (Portugal), 10 de Outubro de 1985
| Magistrado Responsável | GOIS PINHEIRO |
| Data da Resolução | 10 de Outubro de 1985 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC61 ART66 ART382 ART412 ART413. DL 44258 DE 1962/03/31. DL 38382 DE 1951/08/07 ART165 PAR1 PAR2 PAR3. CADM40 ART815 ART820. L 79/77 DE 1977/10/25 ART62 ART63. DL 256-A/77 DE 1977/06/17.
Sumário : I - Os tribunais comuns não tem competencia para reconhecer as Camaras Municipais o direito de demolirem as obras de construção não licenciadas, quando aquelas autarquias tenham ordenado o embargo administrativo por si e deliberado a demolição por actos de natureza administrativa com caracter vinculativo e executorio. II - Optando a Camara Municipal recorrente por essa via, tal implica que socorrendo-se da acção com processo comum (invocando expressamente não ter sido interposto recurso administrativo), para que o pleito tivesse sentido util...
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