Poder jurisdicional
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 221 |
Page 221
s.m. (lat. potere).
s.c.: faculadade; possibilidade; força ou influência.
adj. 2 gén. (lat. jurisdictione).
s.c.: referente à jurisdição.
Proferida a sentença, fica imediatamente esgotado o poder jurisdicional do juiz quanto à matéria da causa. Princípio da extinção do poder jurisdicional. O alcance é o seguinte: o juiz não pode, por sua iniciativa, alterar a decisão que proferiu; nem a decisão, nem os fundamentos em que ela se apoia e que constituem com ela um todo incindível.
Ainda que, logo a seguir ou passado algum tempo, o juiz se arrependa, por adquirir a convicção de que errou, não pode emendar o seu suposto erro. Para ele a decisão fica sendo intangível.
É lícito, porém, ao juiz rectificar erros materiais, suprir nulidades, esclarecer dúvidas existentes na sentença e reformá-la.
Nos processos de jurisdição voluntária as resoluções podem ser alteradas, sem prejuízo dos efeitos já produzidos...
Para continuar a ler
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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