Acórdão nº 080406 de Supremo Tribunal de Justiça (Portugal), 28 de Maio de 1991
Magistrado Responsável | LEITE MARREIROS |
Data da Resolução | 28 de Maio de 1991 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART3 ART201 ART264 N1 N4 ART275 ART467 N1 ART474 ART476 ART510 N1 C ART664 ART743 N3 ART744 N1. LPTA85 ART46. CCIV66 ART342 N1.
Sumário : I - O artigo 46 da Lei do Processo nos Trinunais Administrativos que respeita a junção do processo administrativo gracioso ao recurso contencioso não e aplicavel analogicamente ao processo nos tribunais comuns. II - A Autora deveria ter juntado aos autos os processos administrativos desde que tivessem interesse para a decisão da causa e não deixar ao juiz a decisão do interesse de tal decisão porque não compete a este, em principio, substituir-se as partes para tal fim (artigos 3 e 264 n. 1 do Codigo de Processo Civil). III - Não tendo a Autora dado como reproduzido na petição inicial qualquer dos processos cuja apensação pretende, não era licito ao juiz conhecer dos factos que em tais processos eventualmente constem mesmo com hipotetica pertinencia para a causa, por não alegados (artigo 264 n. 3 e 664 do Codigo de Processo Civil). IV - Para que se possa atribuir o regime de dominio publico e indispensavel que se verifique um dos varios requisitos entre os seguintes: a) existencia de preceito legal que inclua toda uma classe de coisas na categoria de dominio publico; b) declaração de...
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