Acórdão nº 086050 de Supremo Tribunal de Justiça (Portugal), 07 de Dezembro de 1994
Data | 07 Dezembro 1994 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR RESP CIV. DIR PROC CIV - RECURSOS.
Legislação Nacional: CPC67 ART661 N1 ART668 N1 C ART672 ART684 N3. CCIV66 ART564 N2 ART805 N2 N3.
Sumário : I - Nenhuma norma processual autoriza a recorrente, no recurso de revista, atacar directamente a sentença da 1. Instância. II - Tendo a recorrente no recurso de apelação suscitado, em relação a tal sentença, as nulidades aqui alegadas, mas tendo sucumbido nessa arguição, se queria agora suscitar tal problemática, só o podia fazer em recurso da decisão da Relação que lhe rejeitara a arguição de nulidades; saltando directamente por cima dessa decisão e em clara postergação ao disposto no artigo 672 do Código de Processo Civil é que o não pode fazer. III - Se o autor pediu 3000000 escudos por danos patrimoniais futuros e a Ré foi condenada nessa importância, a condenação contem-se dentro dos limites do pedido ainda que se não tenha comprovado por inteiro a causa de pedir, pelo que não foi desrespeitado o artigo 661 n. 1 do Código de Processo Civil nem cometida a nulidade do artigo 668 n. 1 alínea c) do mesmo Código. IV - Não há contradição entre a decisão e os seus fundamentos se a Ré foi condenada em todo o...
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