Acórdão nº 645/21.5T8TMR.E1.S2 de Supremo Tribunal de Justiça (Portugal), 23 de Junho de 2023
Magistrado Responsável | RAMALHO PINTO |
Data da Resolução | 23 de Junho de 2023 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
Processo 645/21.5T8TMR.E1.S2 Autor / recorrente: AA Ré / recorrida: BB Acordam na Formação a que se refere o no 3 do artigo 672.o do Código de Processo Civil da Secção Social do Supremo Tribunal de Justiça: Proferido, em 10/05/2023, o acórdão que deliberou indeferir a reclamada reforma e a arguição de nulidade do acórdão de 08/03/2023, que indeferiu a admissão da revista excepcional, interposta pelo Autor / recorrente, veio este apresentar requerimento, arguindo, por sua vez, a nulidade daquele acórdão de 10/05/2023.
Notificada, a parte contrária não respondeu.
Cumpre decidir: Sendo certo que o artigo 613o, no 1, do CPC, estabelece que “proferida a sentença fica imediatamente esgotado o poder jurisdicional do juiz quanto à matéria da causa” e que, de acordo com o disposto no no 2 do mesmo preceito, pode, porém, haver lugar à arguição de nulidades nos termos do artigo 615.o do CPC, há que ter em conta o disposto no arto 617o, no 6, do mesmo diploma, aplicável ao recurso de revista ex vi dos artos 666o, nos 1 e 2, e 685.o do CPC, nos termos dos quais se deve considerar como definitiva a decisão, contida no acórdão de 10/05/2023, sobre a questão suscitada, de arguição de nulidade do acórdão de 08/03/2023.
Pelo que aquele primeiro acórdão...
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