Saneador
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 265-266 |
Page 265
s.m. (lat. sanare).
s.c.: que ou aquele que saneia.
Findos os articulados, se não houver que proceder à convocação da audiência preliminar, o juiz profere, no prazo de 20 dias, despacho saneador destinado a:
* conhecer das excepções dilatórias e nulidades processuais que hajam sido suscitadas pelas partes, ou que, face aos elementos constantes dos autos, deva apreciar oficiosamente;
* conhecer, imediatamente, do mérito da causa, sempre que o estado do processo permitir, sem necessidade de mais provas, a apreciação, total ou parcial, do ou dos pedidos deduzidos ou de alguma excepção peremptória.
Se houver lugar a audiência preliminar, o despacho saneador é logo ditado para a acta; quando, porém, a complexidade das questões a resolver o exija, o juiz poderá, excepcionalmente, proferi-lo por escrito, no prazo de 20 dias, suspendendo-se a audiência e fixando-se logo data para a sua continuação, se for caso disso.
Remissão:
art. 510.º C.P.C..
Jurisprudência:
Ac. S.T.J., de 5/12/02, in Sumários, 12/2002.
Ac. S.T.J., de 9/5/02, in Sumários, 5/2002.
Ac. S.T.J., de 30/1/02, in Sumários, 1/2002.
História:
No sistema do Cód. de Proc. Civil (de 1876) sucede a cada passo chegar-se ao fim de um processo longamente instruído e preparado, com larga produção de prova e alegaçõesPage 266 complicadas, e o juiz abster-se de conhecer do pedido, ou...
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