- Início
- Livros E Revistas
- O Novo Regime de Recursos no C.P.C
- Secção III Recurso de Revista
- Subsecção II Julgamento do Recurso
Artigo 730.º.Novo julgamento no tribunal a quo
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 145 |
Page 145
Lopes do Rego afirma que: 153
- A alteração introduzida no n.º 1 visou articular o regime cassatório mitigado aí previsto com a possibilidade de recurso "per saltum", podendo, consequentemente, o "primeiro julgamento" ter ocorrido na 1.ª instância.
E continua o mesmo autor:
- Especifica-se ainda que a intervenção dos mesmos juízes que haviam participado no primeiro julgamento terá lugar "sempre que possível", em consonância com a previsão constante do art. 718.º, em sede de apelação.
Terminando, ainda Lopes do Rego, deste modo:
O n.º 2 mantém o regime de dupla revista quando não haja podido funcionar o "sistema cassatório mitigado" previsto no n.º 1, por ao Supremo ter sido impossível definir logo o direito aplicável, dadas as insuficiências ou contradições que inquinavam a decisão proferida sobre a matéria de facto.
Haverá que ter na devida conta que o retorno do processo ao tribunal recorrido para ampliação da decisão factual só deve ter lugar quando o Supremo se encontrar impossibilitado de julgar de direito por insuficiência de elementos de facto.
Page 146
Daí a bondade da seguinte asserção de Abrantes Geraldes: 154
O novo regime limitativo do recurso de revista pode levar a que este segundo acórdão seja irrecorrível, bastando para tanto que, ao invés do primeiro, acabe por confirmar, sem voto de vencido e ainda que por fundamento diverso, a decisão da 1.ª instância, nos termos do art. 721.º, n.º 3, caso em que a admissibilidade de revista...
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