Acórdão nº 002140 de Supremo Tribunal de Justiça (Portugal), 26 de Setembro de 1989
Data | 26 Setembro 1989 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: A REIS CPC ANOTADO VOLI PÁG279. M ANDRADE NOÇÕES ELEMENTARES DE PROC CIV 1976 PÁG355 PÁG257.
Área Temática: DIR PROC CIV - PROC CAUT. DIR CIV - DIR OBG. DIR PROC TRAB.
Legislação Nacional: CPC67 ART264 ART456 ART721. CCIV66 ART483. CPT81 ART76 N1.
Jurisprudência Nacional: AC STJ DE 1979/04/05 IN BMJ N286 PAG200. AC STJ PROC1846 DE 1988/05/26. AC STJ DE 1979/02/13 IN BMJ N284 PAG76. AC RL IN CJ ANO1980 PAG612. AC STJ DE 1955/11/22.
Sumário : I - Os artigos 456 e seguintes do Código de Processo Civil reportam-se indubitavelmente a um ilícito processual traduzido em se ter litigado de má fé quanto ao fundo da causa ou à própria relação jurídica processual, mas respeitando sempre à actuação das partes. II - Deste modo, as aludidas normas, dispondo sobre um caso especial da responsabilidade civil emergente de factos ilícitos, acabam por se enquadrar no âmbito do direito substantivo (artigo 483 do Código Civil). III - Por isso, a sua violação justifica o uso do recurso de revista, nos termos do artigo 721 do Código de Processo Civil em vez do de agravo, pelo que, nos termos do artigo 76 n. 1 do Código do Processo de Trabalho o requerimento de interposição não tem de conter as alegações do recorrente. IV - A condenação por...
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