Acórdão nº 74/2001.L1-7 de Court of Appeal of Lisbon (Portugal), 02 de Dezembro de 2009
Magistrado Responsável | CRISTINA COELHO |
Data da Resolução | 02 de Dezembro de 2009 |
Emissor | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: APELAÇÃO Decisão: CONFIRMAR A DECISÃO Sumário: 1. Com as alterações introduzidas pelo DL nº 183/2000 de 10.08 (que pôs termo às inquirições de testemunhas por carta precatória), o art. 623º do CPC, deixou de fazer referência às exigências formais relativas à inquirição de testemunhas por carta rogatória, criando um vazio legislativo nesta matéria.
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Contudo, a parte que requer a inquirição de testemunha por si arrolada por carta rogatória deve indicar logo a matéria a que pretende que a mesma seja ouvida, atendendo ao disposto no art. 633º do CPC, que ao juiz incumbe controlar, e ponderando o regime semelhante estabelecido nos arts. 552º, nº 2 e 624º, nº 3 do CPC.
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A inobservância de tal indicação, não deve levar à rejeição da inquirição por carta rogatória, por falta de normativo legal expresso nesse sentido, devendo o juiz convidar a parte a especificar a matéria a que pretende que seja ouvida a testemunha na rogatória, ainda que o possa fazer com a advertência para eventual indeferimento em caso de nada dizer, e com vista a obviar delongas processuais.
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Se é elaborada B.I. é essa a “matéria” em discussão e sujeita a instrução, e não outra, ainda que constante das peças processuais.
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O julgamento da matéria de facto é o resultado da ponderação de toda a prova produzida - cada elemento de...
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