Litisconsórcio
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 183-184 |
Page 183
s.m. (lat. litis + consorte).
s.c.: pessoas que em conjunto demandam alguém em juízo.
Litisconsórcio voluntário: se a relação material controvertida respeitar a várias pessoas, a acção respectiva pode ser proposta por todos ou contra todos os interessados; mas, se a lei ou o negócio for omisso, a acção pode também ser proposta por um só ou contra um só dos interessados, devendo o tribunal, nesse caso, conhecer apenas da respectiva quota-parte do interesse ou da responsabilidade, ainda que o pedido abranja a totalidade.
Litisconsórcio necessário: se, a lei ou o negócio exigir a intervenção dos vários interessados na relação controvertida, a falta de qualquer deles é motivo de ilegitimidade. É, igualmente, necessária a intervenção de todos os interessados quando, pela própria natureza da relação jurídica, ela seja necessária para que a decisão a obter produza o seu efeito útil normal.
Remissões:
arts. 27.º e 28.º C.P.C..
Page 184
Jurisprudência:
Ac. S.T.J., de 24/1/02, in Sumários, 1/2002.
Ac. S.T.J., de 20/6/00, in Sumários, 42.º-20.
Ac. Rel. Porto, de 4/2/99, in B.M.J., 489.º-407.
História:
Quando é que a relação jurídica tem de ser resolvida de modo uniforme quanto a todos os interessados? Quando é que a decisão só pode ser proferida em relação a todos?
Procurou a lei portuguesa responder ao quesito que a lei alemã e a lei italiana deixaram sem resposta. E responde nestes termos: quando for necessária a intervenção de todos os interessados para que a decisão a obter produza o seu efeito útil normal. Esta fórmula foi inspirada na doutrina de Redenti, exposta no livro «Guidizio Civile con Pluralità di Parti».
Chiovenda dá-nos outro critério. A solução do problema, diz ele, deriva de dois princípios fundamentais: a) por um lado, o...
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