Acórdão nº 082078 de Supremo Tribunal de Justiça (Portugal), 23 de Abril de 1992
Magistrado Responsável | RICARDO DA VELHA |
Data da Resolução | 23 de Abril de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC TRIB PLENO.
Decisão: FINDO O RECURSO POR NÃO EXISTIR OPOSIÇÃO.
Área Temática: DIR PROC CIV - RECURSOS.
Legislação Nacional: CPC67 ART498 ART671 - ART673 ART763 ART767 N1. CCIV66 ART2020.
Jurisprudência Nacional: AC STJ DE 1976/06/29 IN BMJ N258 PAG220. AC STJ DE 1982/02/10 IN BMJ N314 PAG209. AC STJ DE 1982/06/09 IN BMJ N318 PAG332. AC STJ DE 1989/07/07 IN TJ N13 PAG27. AC STJ DE 1979/07/10 IN BMJ N289 PAG242.
Sumário : I - O caso julgado tem por fundamento "a mesma causa", nos termos do artigo 498 do Codigo de Processo Civil, o que impede a sua repetição, enquanto o recurso para o tribunal pleno tem por fundamento apenas "a mesma questão fundamental de direito", exigindo soluções identicas para situações igualmente identicas. II - A decisão da Relação, que apenas mandou prosseguir o processo por entender que ainda não estavam reunidos os factos necessarios para tal, move-se no plano da materia de facto, da exclusiva competencia das instancias, o que não pode, por isso, constituir caso julgado material, ao contrario do acordão fundamento em que houve respeito por uma decisão que formou caso julgado material. III - Para que se verifique o primeiro requisito previsto no artigo 763 do Codigo de...
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