Pedido
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 213 |
Page 213
s.m. (lat. petitu).
s.c.: acto de pedir; rogo; súplica.
Só teoricamente se poderá conceber um ordenamento de processo civil dominado, exclusivamente, pela vontade das partes ou só pela livre iniciativa do juiz. A solução legislativa é sempre de compromisso entre estes dois extremos, predominando uma ou outra dessas características. Segundo o princípio dispositivo o processo civil é coisa das partes, e não do juiz, que se apresenta como árbitro do duelo judiciário, e por isso mesmo, neutro ou passivo. Pertence aos litigantes, nesta concepção, o exclusivo direito de iniciar a instância, de impulsionar o seu prosseguimento, e de lhe pôr fim. O princípio da oficialidade coloca-se no polo oposto ao anteriormente enunciado: a defesa do direito, mesmo que se trate de interesses particulares, não pode ficar dependente da iniciativa dos respectivos titulares, pois o fim em vista é, principalmente, manter o prestígio da lei, como emanação da soberania. Na segunda parte do n.º 1, do art. 3.º, consagra-se o princípio do contraditório. Afirma este, a necessidade de ninguém dever ser julgado sem previamente ter sido ouvido ou de lhe ter sido facultada a oportunidade de se...
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PEÇA SUA AVALIAÇÃO- Dicionário de Processo Civil
- P
- Pacto de jurisdição
- Pagamento
- Parecer
- Parentesco
- Parte
- Partilha
- Patrocínio judiciário
- Pedido
- Penhor
- Penhora
- Perícia
- Perito
- Personalidade
- Personalidade judiciária
- Pessoa colectiva
- Petição inicial
- Poder jurisdicional
- Prazo
- Preço
- Preferência
- Presidente da república
- Prestação de facto
- Preterição
- Princípio
- Procedimento cautelar
- Processo
- Protesto
- Prova
- Publicidade
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Os assinantes podem ver as versões revisadas da legislação com emendas
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