Acórdão nº 072637 de Supremo Tribunal de Justiça (Portugal), 08 de Abril de 1986
Magistrado Responsável | MOREIRA DA SILVA |
Data da Resolução | 08 de Abril de 1986 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA. AGRAVO.
Decisão: NEGADA A REVISTA. NEGADO PROVIMENTO.
Indicações Eventuais: A REIS CPC ANOTADO V4 PAG59. P LIMA VARELA CCIV ANOTADO V1 PAG587.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - TEORIA GERAL / DIR REAIS.
Legislação Nacional: CPC67 ART510 N5 ART511 N5 ART551 ART572 N1 ART660 N2 ART666 N2 ART668 N1 D ART672 ART676 N1 ART684 N3 N4 ART713 N2 ART716 N1 ART721 ART728 N3 ART729. CCIV66 ART227 N1 ART442 ART490 ART668 N1 ART695 ART712 ART713 ART730 ART754 ART755. DL 236/80 DE 1980/07/18.
Jurisprudência Nacional: ASS STJ DE 1963/02/01 IN DG IS 1963/02/21 IN BMJ N124 PAG414 IN RLJ ANO96 PAG139 IN ROA ANO21 PAG82 IN RT ANO81 PAG63 IN DIR ANO95 PAG320 IN JF ANO27 PAG158. AC STJ PROC68021 DE 1982/02/18.
Sumário : I - O Tribunal de recurso não deve conhecer de questões que não foram submetidas a apreciação do tribunal de que se recorre, salvo se a lei lhe permitir ou impuser o conhecimento oficioso de outras. II - Não pode proceder, por falta de fundamento legal, o recurso de agravo interposto do acordão da Relação que, por julgar não fornecerem ainda os autos elementos de facto indispensaveis ao conhecimento do merito, revoga o despacho saneador e determina que o processo prossiga com elaboração da especificação e organização do questionario, ou que confirme o saneador. III - A sanção prevista no artigo 551 do Codigo de Processo Civil so se aplicara se a parte se mostrar rebelde em se por em ordem com a Fazenda Nacional. IV - E nula a sentença quando o juiz deixe de pronunciar-se sobre questões que devesse apreciar. V - O juiz deve resolver as questões que as partes tenham...
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