Assistência
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 36 |
Page 36
s.f. (lat. assistente).
s.c.: acto de assistir:; auxílio; amparo.
A assistência é uma das modalidades da intervenção acessória, apresentando três características:
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há-de ser espontânea;
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há-de o assistente propôr auxiliar uma das partes;
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há-de o assistente ter interesse jurídico em que a decisão seja favorável à parte que auxilia.
O assistente pode intervir a todo o tempo, mas tem de aceitar o processo no estado em que o encontrar.
O pedido de assistência pode ser deduzido em requerimento especial ou em articulado ou alegação que o assistido estivesse a tempo de oferecer.
Remissões:
arts. 335.º a 341.º C.P.C..
Jurisprudência:
Ac. S.T.J., de 30/6/98, in B.M.J., 478.º-303.
Ac. S.T.J., de 28/4/98, in Col. Jur., 1998, 2.º-61.
História:
A expressão interesse jurídico, que já se lia no art. 340.º do Código anterior, deu lugar, durante a vigência deste, a uma divergência de interpretação. Pensavam uns que o terceiro interveniente só teria interesse jurídico que o legitimasse como assistente quando a decisão da causa pendente pudesse comprometer o seu próprio direito...
Para continuar a ler
PEÇA SUA AVALIAÇÃO- Dicionário de Processo Civil
- A
- Abalroaçao
- Abertura
- Abono
- Abreviatura
- Absolvição
- Acareacão
- Acção
- Aclaração
- Acórdão
- Acordo
- Acta
- Acto
- Adiamento
- Adjudicação
- Administrador
- Admissão
- Adquirente
- Advogado
- Agéncia
- Agente
- Agravo
- Alçada
- Alegaçao
- Alimentos
- Anulação
- Anúncio
- Apelação
- Apensação
- Aquisição
- Arresto
- Arrolamento
- Articulado
- Assembleia
- Assinatura
- Assistência
- Associação
- Audiência contraditória
- Audiência de discussão e julgamento
- Audiência preliminar
- Ausência
- Ausente
- Auto
- Autodefesa
- Autor
- Autorização
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