Acórdão nº 003315 de Supremo Tribunal de Justiça (Portugal), 02 de Dezembro de 1992
Data | 02 Dezembro 1992 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: MANDADA AMPLIAR A MATÉRIA DE FACTO.
Indicações Eventuais: C MENDES DIR PROC CIV RECURSOS PAG79 B MACHADO INTRODUÇÃO AO DIREITO E AO DISCURSO LEGITIMADOR PAG188.
Área Temática: DIR PROC CIV - RECURSOS. DIR PROC TRAB. DIR CIV - TEORIA GERAL.
Legislação Nacional: CPC67 ART659 N2 ART668 N1 B ART713 N2 ART716 N1 ART721 N2 ART722 N2 ART729 N1 N3 ART730 N2. CPT81 ART85 N1 N3. CCIV66 ART9 N1 ART236.
Jurisprudência Nacional: AC STJ DE 1983/01/04 IN BMJ N323 PAG315. AC STJ DE 1985/01/11 IN AD N281 PAG597. AC STJ DE 1986/06/06 IN BMJ N358 PAG435. AC STJ DE 1987/10/30 IN BMJ N370 PAG472. AC STJ DE 1988/07/08 IN AD N324 PAG1598. AC STJ DE 1991/07/03 IN AD N360 PAG1421. AC STJ DE 1991/10/23 IN AD N364 PAG551. AC STJ DE 1991/04/29 IN AD N356/357 PAG1051. AC STJ DE 1991/05/29 IN AD N364 PAG545.
Sumário : I - O fundamento específico do recurso de revista é a violação da lei substantiva não podendo o Supremo Tribunal de Justiça alterar a decisão da 2 instância, quanto à matéria de facto, salvo o caso excepcional previsto no n. 2 do artigo 722 do Código de Processo Civil. II - À Relação cabe em definitivo, a fixação dos factos materiais da causa, salvo o caso excepcional previsto no n 2 do citado artigo 722. III - Segundo dispõe o n. 3 do artigo 85 do Código do Processo de Trabalho, sendo o recurso interposto de decisão de mérito, o Supremo Tribunal de Justiça aplica definitivamente aos factos materiais fixados pelo Tribunal recorrido o regime jurídico que julgar adequado. IV - No que respeita à interpretação da lei, o Supremo Tribunal de Justiça está...
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