Litigante de má-fé
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 182-183 |
Page 182
s. 2 gén. (lat. litigare).
s.c.: referente a litígio; que ou a pessoa que litiga.
adj. + s.f. (lat. malu + fide).
s.c.: falsidade.
Tendo litigado de má-fé, a parte será condenada em multa e numa indemnização à parte contrária, se esta a pedir.
Diz-se litigante de má-fé quem, com dolo ou negligência grave:
* tiver deduzido pretensão ou oposição cuja falta de fundamento não devia ignorar;
Page 183
* tiver alterado a verdade dos factos ou omitido factos relevantes para a decisão da causa;
* tiver praticado omissão grave do dever de cooperação;
* tiver feito do processo ou dos meios processuais um uso manifestamente reprovável, com o fim de conseguir um objectivo ilegal, impedir a descoberta da verdade, entorpecer a acção da justiça ou protelar sem fundamento sério, o trânsito em julgado da decisão.
Remissões:
arts. 456.º a 459.º C.P.C..
Jurisprudência:
Ac. Rel. Coimbra, de 18/3/03, in JTRC0135/ITIJ/Net.
Ac. Rel. Porto, de 27/1/03, in JTRP00035445/ITIJ/Net.
História:
Vem de longe a ideia de aplicar sanções especiais ao litigante de má fé ou ao litigante temerário, Esta ideia surpreende-se já no direito romano e ganha terreno nas organizações jurídicas posteriores.
No antigo direito português as custas distinguiam-se em judiciais e pessoais; as primeiras, diziam respeito ao processo; as segundas, respeitavam à pessoa e exprimiam o dano que esta sofrera.
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