Acórdão nº 038701 de Supremo Tribunal de Justiça (Portugal), 07 de Janeiro de 1987
| Data | 07 Janeiro 1987 |
| Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REC TRIB PLENO.
Decisão: ORDENADO O PROSSEGUIMENTO DO PROCESSO.
Área Temática: DIR PROC PENAL - RECURSOS.
Legislação Nacional: CPC61 ART763. DL 14/84 DE 1984/01/11 ART9. CPP29 ART45.
Jurisprudência Nacional: AC STJ DE 1986/03/05 IN BMJ N355 PAG299.
Sumário : I - Na aplicação concreta do condicionalismo legal do artigo 763 do Codigo de Processo Civil, a verificação da existencia de oposição entre dois acordãos deve assentar no seguinte entendimento daquela norma: a) A questão fundamental de direito, sobre a qual deve incidir a oposição, so e a mesma quando haja identidade de normas legais e de factos, ou melhor, quando os mesmos preceitos sejam aplicados diversamente a factos identicos; b) E necessario que uma das decisões tenha estabelecido, por forma expressa, doutrina contraria a fixada no outro acordão, não se tendo por suficiente que num dos acordãos possa ver-se a aceitação tacita da doutrina contraria a...
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