Tribunal colectivo
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 288 |
Page 288
s.m. (lat. tribunale).
s.c.: lugar das audiências judiciais; conjunto dos magistrados ou das pessoas que administram a justiça.
adj. (lat. collectiva).
s.c.: que abrange muitas pessoas ou coisas; que pertence a muitos.
A discussão e julgamento da causa são feitos com intervenção do tribunal colectivo, salvo nos casos excepcionados na lei.
Antes da discussão o processo vai com vista, por 5 dias, a cada um dos juízes adjuntos, salvo se o juiz da causa o julgar dispensável em atenção à simplicidade da causa.
O presidente do tribunal colectivo goza de todos os poderes necessários para tornar útil e breve a discussão e para assegurar a justa decisão da causa.
Feita a chamada das pessoas que tenham sido convocadas, é logo aberta a audiência, mas esta será, porém, adiada se não for possível constituir o tribunal colectivo.
Não havendo razões de adiamento, realizar-se-á a discussão da causa.
Logo, o presidente do colectivo procurará conciliar as partes, se a causa estiver no âmbito do seu poder de disposição.
Só podem intervir na decisão da matéria de facto os juízes que tenham assistido a todos os actos de instrução e discussão praticados na audiência final.
Remissões:
arts. 646.º a 657.º C.P.C..
Jurisprudência:
Ac. Rel. Porto, de 20/1/03, in JTRP00035646/ITIJ/Net.
Ac. S.T.J., de 19/9/02, in Sumários, 9/2002.
Ac. Rel. Porto, de 7/12/99, in B.M.J., 492.º-487.
História:
O C.P.C. de 1876 consagrava ainda o velho sistema da discussão escrita (art. 400.º), a não ser que, nas acções de processo ordinário, as partes acordassem...
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