O Contencioso declaratório e o Contencioso de execução
Autor | Isabel Celeste M. Fonseca |
Páginas | 85 |
Page 85
É através do contencioso declaratório, ou processo declaratório ou processo de cognição, que o tribunal conhece da relação material sob o prisma do direito (sub specie iuris). Usa-se o contencioso declaratório para obter a declaração judicial da solução concreta resultante da lei para a situação real trazida a juízo pelo requerente. Enfim, através do contencioso declaratório pede-se que o tribunal pronuncie a solução jurídica concreta aplicável ao caso submetido a julgamento. E emprega-se o contencioso de execução, ou processo executivo, para dar realização material coactiva às decisões judiciais, às prescrições oficiais ou às estipulações negociais (títulos) que dela necessitem. Assim, tendo em conta que a diferença essencial entre o contencioso declaratório e o...
Para continuar a ler
PEÇA SUA AVALIAÇÃO- Direito processual administrativo
- Parte II. A jurisdição administrativa
- Âmbito da Jurisdição Administrativa
- Perspectiva Funcional
- As Regras do CPTA quanto à legitimidade activa
- O Ministério público
- A Forma Processual
- O Contencioso declaratório e o Contencioso de execução
- O Contencioso declaratório previsto no CPTA
- Uma Sugestão de Leitura das formas processuais previstas no CPTA: artigos 35.º e 36.º
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