Acórdão nº 1130/08.6TBSJM-B.P1 de Court of Appeal of Porto (Portugal), 01 de Março de 2010
Magistrado Responsável | PEDRO LIMA COSTA |
Data da Resolução | 01 de Março de 2010 |
Emissor | Court of Appeal of Porto (Portugal) |
S Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA.
Indicações Eventuais: 3ª SECÇÃO - LIVRO 814 - FLS. 42.
Área Temática: .
Sumário: I – O requerimento de oposição à execução tem natureza substantiva de contestação, devendo ter o tratamento previsto para o articulado de contestação na específica matéria de admissibilidade em função do não pagamento, no prazo e condições ordinárias, da taxa de justiça inicial.
II – Indeferido o pedido de apoio judiciário e não demonstrando o executado, no prazo de 10 dias, que pagou a taxa de justiça inicial, o passo que se segue incumbe à secretaria, nos termos conjugados do nº4 e do nº3 do art. 486º-A do CPC, notificando o executado para, em 10 dias, efectuar o pagamento omitido, com acréscimo de multa.
Reclamações: Decisão Texto Integral: Processo: 1130/08.6TBSJM-B Juiz Relator: Pedro Lima Costa 1º Juiz Adjunto: Des. Maria Catarina 2º Juiz Adjunto: Des. Filipe Caroço Acordam no Tribunal da Relação do Porto.
O tribunal averiguou oficiosamente a decisão relativa ao pedido de protecção jurídica e os serviços de segurança social acabaram por indeferir tal pedido, informando disso mesmo o tribunal.
Proferiu-se então a seguinte sentença: “Decide-se julgar procedente a excepção dilatória decorrente da omissão de junção com a petição inicial do comprovativo do prévio pagamento de taxa de justiça inicial ou da concessão de apoio judiciário e, em consequência, absolver o exequente da instância”.
Para tanto, o executado formula as seguintes conclusões: 1§ Como fundamento da decisão recorrida, considerou-se que o apelante/opoente deduziu oposição à execução sem...
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