Acórdão nº 803/08.8TJLSB.L1-2 de Court of Appeal of Lisbon (Portugal), 01 de Março de 2010
Magistrado Responsável | ONDINA CARMO ALVES |
Data da Resolução | 01 de Março de 2010 |
Emissor | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: AGRAVO Decisão: REVOGADA A DECISÃO Sumário: 1. No requerimento de injunção que está na origem de uma acção declarativa de condenação, a requerente não está dispensada de indicar, ainda que sinteticamente, os factos integrantes da causa de pedir, com as limitações próprias do impresso-modelo.
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A forma sucinta de narração dos factos que servem de causa de pedir, decorrente da sua elaboração em formulário próprio, com menção da origem do crédito, do respectivo montante e do período a que respeita a dívida relativa à prestação de serviços telefónicos, sendo suficiente num procedimento de injunção, já não o será, convolado que seja tal procedimento em acção declarativa de condenação, constituindo então esse requerimento um articulado manifestamente deficiente.
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O núcleo mínimo de factos integradores da causa de pedir, admissível no quadro da simplificação e celeridade processual pretendida pelo legislador na regulamentação do procedimento injuntivo, impede que se possa defender que ocorre falta de indicação da causa de pedir, pelo que o requerimento não...
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