Contradita
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 79 |
Page 79
s.f. (lat. contradito).
s.c.: acto ou efeito de contraditar; contestação; impugnação.
A parte contra a qual for produzida a testemunha pode contraditá-la, alegando qualquer circunstância capaz de abalar a credibilidade do depoimento, quer por afectar a razão da ciência invocada pela testemunha, quer por diminuir a fé que ela possa merecer.
O incidente pode atacar a pessoa do depoente - a sua fé ou credibilidade - ou a razão de ciência por ele invocada, mas não o depoimento em si mesmo (com o fundamento, por ex., de ser notoriamente falso ou fantasiado um dos factos referidos pelo depoente).
Entre os factores capazes de afectar a fé ou a credibilidade do depoente contam-se os relativos aos elementos que eram mencionados no art. 2514.º do Código Civil de 1867: o estado, a vida e costumes da pessoa, o interesse no pleito, o parentesco ou relacionamento com as partes.
Remissões:
arts. 640.º e 641.º C.P.C..
Jurisprudência:
Ac. Rel. Lisboa, de 11/12/02, in JTRL00046126/ITIJ/Net.
Ac. Rel. Porto, de 20/11/01, in JTRP00030653/ITIJ/Net.
Ac. Rel. Porto, de 24/5/99, in JTRP00023519/ITIJ/Net.
História:
Duarte Nazaré, resumindo a doutrina da...
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