Revista
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 261-262 |
Page 261
s.f. (lat. revidere).
s.c.: acto ou efeito de revista; inspecção de tropas, cavalos, material de guerra, cadernetas militares, etc.; exame sanitário às toleradas.
Cabe recurso de revista do acórdão da Relação que decida do mérito da causa.
O fundamento específico do recurso de revista é a violação da lei substantiva, que pode consistir tanto no erro de interpretação ou de aplicação, como no erro de determinação da norma aplicável.
Também pode ser alegada a violação da lei de processo.
O recurso de revista só tem efeito suspensivo em questões sobre o estado de pessoas.
Page 262
Remissões:
arts. 721.º a 732.º-B C.P.C..
Jurisprudência:
Ac. S.T.J., de 4/7/02, in Sumários, 7/2002.
Ac. S.T.J., de 9/5/02, in Sumários, 5/2002.
Ac. S.T.J., de 24/2/00, in Sumários, 38.º-46.
História:
Inicialmente, eram-lhe talvez alheios os casos de nulidade, mas com o tempo os dois remédios, revista e querela nullitatis, vieram a aproximar-se, coisa tanto mais natural, quanto é certo que a própria categoria «nulidade» se foi transformando dentro do direito comum, equiparando-se-lhe (provavelmente sob a influência canónica) a injustiça notória.
Cada vez mais a instituição se foi diferenciando do tipo tradicional - primeiro acompanhando o sistema francês nas suas transformações, mais tarde adoptando um rumo autónomo, até se chegar à revista de...
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