Justo impedimento
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 174 |
Page 174
adj. (lat. justu).
s.c.: recto; exacto; ajustado.
s.m. (lat. impedimentu).
s.c.: acto ou efeito de impedir; estorvo; obstáculo.
Considera-se justo impedimento o evento não imputável à parte nem aos seus representantes ou mandatários, que obste à prática atempada do acto. A parte que alegar o justo impedimento oferecerá logo a respectiva prova; o juiz, ouvida a parte contrária, admitirá o requerente a praticar o acto fora de prazo, se julgar verificado o impedimento e reconhecer que a parte se apresentou a requerer logo que ele cessou.
Remissões:
arts. 145.º/4/5 e 146.º C.P.C..
Jurisprudência:
Ac. Rel. Lisboa, de 17/11/02, in JTRL00046748/ITIJ/Net.
Ac. Rel. Lisboa, de 18/6/02, in Col. Jur., 2002, 3.º-100.
Ac. S.T.J., de 6/3/02, in Sumários, 59/2002.
Ac. S.T.J., de 19/2/02, in Sumários 2/2002.
História:
Na sua anterior redacção, o n.º 1, do art. 146.º do C.P.C. definia o justo impedimento como «o evento normalmente imprevisível, estranho à vontade da parte, que a impossibilite de praticar o acto, por si ou por mandatário», definição essa que levava a doutrina a restringir a respectiva previsão legal àquelas hipóteses em que «a pessoa que devia praticar o acto foi colocada na impossibilidade absoluta de o fazer, por si ou por mandatário, em virtude da ocorrência de um facto, independente da sua vontade, e que um cuidado e diligências normais não fariam prever». A esta quase responsabilidade pelo risco, a Reforma de 1995 contrapôs uma definição conceitual de justo impedimento muito mais flexível do que a...
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