Acórdão nº 079852 de Supremo Tribunal de Justiça (Portugal), 12 de Dezembro de 1991
Magistrado Responsável | PIRES DE LIMA |
Data da Resolução | 12 de Dezembro de 1991 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - PROC EXEC. DIR CIV - DIR OBG.
Legislação Nacional: CPC67 ART497 ART498 ART659 N2 ART673 ART813 ART814 ART864 ART865 ART866 ART868 N2 N4. CCIV66 ART759.
Sumário : I - Se o direito de impugnar um crédito reclamado, baseado em sentença é mais restritivo do que o relativo a outros titulos executivos - artigo 866 e 813 do Código de Processo Civil - não faz sentido que, se o crédito tiver por base outro título, a sua não impugnação dê origem ao seu reconhecimento imediato e, se tiver por base uma sentença, dê já possibilidades de se discutirem, de novo, os elementos que estiveram na origem dessa sentença, a sua causa de pedir, como se a sentença não existisse e nenhum efeito dela pudesse brotar. II - Tem sido um dado adquirido na doutrina e jurisprudência dominantes o chamado efeito restritivo do caso julgado, entendido isto como a tese de que o caso julgado não engloba os motivos ou os fundamentos que estão na base da decisão - artigo 659, n. 2 do Código de Processo Civil - mas apenas a decisão, ela própria, ou seja, "os precisos limites e termos em que se julgou "- artigo 673 do Código de Processo Civil. III - Outro efeito que se tem por geralmente aceite é o da eficácia relativa do caso julgado, entendido este efeito como consagrando o princípio que pressupõe apenas a repetição de...
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