- Início
- Livros E Revistas
- O Novo Regime de Recursos no C.P.C
- Secção III Recurso de Revista
- Subsecção III Julgamento Ampliado Da Revista
Artigo 732.º-A. Uniformização de jurisprudência
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 147-148 |
Page 147
Por ainda actual, maugrado a alteração que lhe trouxe o Decreto-Lei n.º 303/07, de 24 de Agosto, veja-se o seguinte extracto do Relatório Preambular do Decreto-Lei n.º 329-A/95, de 12 de Dezembro, responsável pela anterior redacção deste art. 732.º-A, aliás, bem semelhante à actual:
"Quebrada pela jurisprudência constitucional a força vinculativa genérica dos assentos e imposto o princípio da sua ampla revisibilidade - não apenas por iniciativa do próprio Supremo, no âmbito dos recursos perante ele pendentes, mas a requerimento de qualquer das partes, em qualquer estado da causa -, pareceu desnecessária a instituição dos necessariamente complexos mecanismos processuais que facultassem a revisão do decidido, por se afigurar que a normal autoridade e força persuasiva de decisão do Supremo Tribunal de Justiça, obtida no julgamento ampliado de revista - e equivalente, na prática, à conferida aos actuais acórdãos das secções reunidas -, será perfeitamente Page 148 suficiente para assegurar, em termos satisfatórios, a desejável unidade da jurisprudência, sem produzir o enquistamento ou, cristalização das posições tomadas pelo Supremo".
Ou seja: os acórdãos proferidos nos termos deste art. 732.º-A destinam-se a assegurar a tão desejada uniformidade da jurisprudência e, por isso mesmo, a sua doutrina não pode ser afastada pelos tribunais com fundamento exclusivo nas mesmas razões que serviram de base aos votos de vencido even- tualmente formulados no acórdão...
Para continuar a ler
PEÇA SUA AVALIAÇÃO- Secção III Recurso de revista
- Subsecção III Julgamento ampliado da revista
- Artigo 732.º-A. Uniformização de jurisprudência
- Artigo 732.º-B.Especialidades no julgamento
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