Acórdão nº 2043/14.8TBGMR-A.G1.S1 de Supremo Tribunal de Justiça (Portugal), 26 de Janeiro de 2017
Magistrado Responsável | JO |
Data da Resolução | 26 de Janeiro de 2017 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
Acordam na Formação a que alude o artigo 672.º, n.º3 do Código de Processo Civil: 1.
AA instaurou a presente ação executiva contra BB.
Teve lugar cumulação de execuções e, sendo levantada a questão, o Senhor Juiz decidiu, em 27.11.2015: "Deve ser respeitada a ordem das penhoras requeridas.
Assim, sendo a cumulação posterior tem prioridade a outra execução." Houve reclamação, tendo o Magistrado proferido o seguinte despacho: "(…) No que concerne à antiguidade das penhoras as datas a considerar são os pedidos de penhoras efectuados pelo AE à SS, pelo que, face ao expediente junto pela última, mantém-se o despacho proferido aos 27-11-2015." 2.
Apelou o exequente, mas o Tribunal da Relação confirmou a decisão.
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Ainda inconformado, pede revista excecional, invocando como pressuposto de admissibilidade, o da alínea c) do n.º1 do artigo 672.º do Código de Processo Civil.
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Dispõe o artigo 854.º do dito código que: Sem prejuízo dos casos em que é sempre admissível recurso para o Supremo Tribunal de Justiça, apenas cabe revista, nos termos gerais, dos acórdãos da Relação proferidos nos procedimentos de liquidação não dependente de simples cálculo aritmético, de verificação e graduação de créditos e de oposição deduzida contra a execução.
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Temos, então, que, no presente caso, não é admissível revista, salvo se o recurso se integrar nos que são sempre admissíveis.
A revista excecional só pode ser admitida quando, aparte a questão da dupla conforme, a revista normal também for admissível. Nem outro entendimento seria de acolher porquanto, de outro modo, haveria revistas que eram admissíveis havendo dupla...
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