Escusa
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 112-113 |
Page 112
s.f. (lat. excusare).
s.c.: acto ou efeito de escusar ou escusar-se; desculpa; evasiva.
O advogado nomeado pela Ordem dos Advogados (via conselho distrital ou respectiva delegação), pode alegar escusa dentro de cinco dias. Na falta de escusa ou quando esta não seja julgada legítima por quem fez a nomeação, deve o advogado exercer o patrocínio, sob pena de procedimento disciplinar.
O juiz não pode declarar-se voluntariamente suspeito; mas pode pedir que seja dispensado de intervir na causa quando se verifique algum dos casos previstos no art. 127.º do C.P.C. e, além disso, quando, por outras circunstâncias ponderosas, entenda que pode suspeitar-se da sua imparcialidade.
Podem pedir escusa da intervenção como peritos todos aqueles a quem seja exigível o desempenho da tarefa, atentos os motivos pessoais invocados.
As escusas serão requeridas pelo próprio perito, no prazo de cinco dias a contar do conhecimento da nomeação.
Remissões:
arts. 43.º, 126.º, 571.º e 572.º C.P.C..
Jurisprudência:
Ac. Rel. Coimbra, de 11/11/92, in B.M.J., 421.º-513.
História:
No direito antigo - Ordenações, liv. 3.º, tít. 21, § 18 -, escrevia Dias Ferreira, era lícito aos juízes averbarem-se, voluntariamente, de suspeitos, declarando-o assim por juramento; e alguns, conquanto raríssimos, usavam, e abusavam desta faculdade, já para não criaremPage 113 indisposições com as partes ou seus protectores, já para não se darem ao trabalho de examinar os autos, e também por melindres, às vezes desculpados por relações sociais, mas abertamente condenados...
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