Mandatário
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 186 |
Page 186
s.m. (lat. mandatariu).
s.c.: aquele que recebe mandato ou procuração de outrem para fazer certa coisa; delegado; representante.
A instância suspende-se nos processos em que é obrigatória a constituição de advogado, quando este falecer ou ficar absolutamente impossibilitado de exercer o mandato.
Sempre que o juiz retire palavra a advogado, é dado conhecimento circunstanciado do facto à Ordem dos Advogados, para efeitos disciplinares.
Se o infractor não acatar a decisão, pode o juiz fazê-lo sair do local em que o acto se realiza.
Das decisões que retirem a palavra, ordenem a expulsão do local ou condenem em multa cabe agravo, com efeito suspensivo; interposto recurso da decisão que retire a palavra ou ordene a saída do local em que o acto se realize ao mandatário judicial, suspende-se o acto até que o agravo, a processar como urgente, seja julgado.
Remissões:
arts. 37.º/2, 38.º, 154.º/6, 276.º/1/b) e 278.º C.P.C..
Jurisprudência:
Ac. S.T.J., de 12/12/02, in Sumários, 12/2002.
Ac. S.T.J., de 28/11/02, in Sumários, 11/2002.
História:
Duvidava-se, na vigência do Código de 76, se a...
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