Assinatura
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado Almeida & Leitão, Lda. , 2008 |
Páginas | 85-86 |
Page 85
A petição inicial termina, como qualquer outra peça, pela assinatura da parte ou pelo mandatário.
Quando é obrigatória a constituição de advogado, 160 só por este poderá ser assinado o petitório, sem prejuízo de à própria parte, ao longo da tramitação processual facultar-se a elaboração e, consequentemente, a assinatura de requerimentos nos quais não se levantem questões de direito.
A assinatura da parte terá que ser reconhecida ou exibido o respectivo bilhete de identidade.
Quanto à assinatura do mandatário judicial, essa não necessita de reconhecimento algum, legitimado que se encontra pela junção do instrumento de mandato conferido, precisamente, pelo peticionante.
Ou mesmo, sem aquele instrumento, quando, em casos de urgência, actue como gestor de negócios. 161
Então, pode assim terminar a petição inicial, conforme a hipótese:
O Advogado,
Contr. nº 164 221 320
Cód. nº 3379
-
...........................
Ou, deste jeito:
O Advogado, actuando como gestor de negócios,
Contr. nº 164 221 320
Cód. nº 3379
-
...........................
Page 86
De atentar que quando a peça tenha sido apresentada em suporte digital a assinatura do subscrevente terá, logicamente, de o ser em idêntico sistema.
E no suporte em papel na forma usual, ou seja, na que linhas atrás se expôs.
--------------------------
[160] Cfr. art. 32.º C.P.C..
[161] Cfr. art. 41.º C.P.C..
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