Vícios da sentença
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 297 |
Page 297
s.m. (lat. vitiu).
s.c.: defeito pelo qual uma pessoa ou uma coisa se afasta do tipo normal, de maneira a ficar mais ou menos inapta a cumprir o seu fim; mau hábito; costumeira:
s.f. (lat. sententia).
s.c.: acto pelo qual o juiz decide a causa principal ou algum incidente que apresente, segundo a lei, a figura de uma causa; acórdão; opinião.
Proferida a sentença, fica imediatamente esgotado o poder jurisdicional do juiz quanto à matéria da causa.
É lícito, porém, ao juiz rectificar erros materiais, suprir nulidades, esclarecer dúvidas existentes na sentença e reformá-la.
Os vícios da sentença podem reduzir-se a duas grandes categorias:
* vícios substanciais (do conteúdo da sentença);
* vícios formais (da forma).
Por outras palavras:
* vícios da sentença encarada como julgamento;
* vícios da sentença encarada como exercício de actividade.
No primeiro aspecto, aparece-nos o vício da injustiça; no segundo, apontam-se os vícios da inexistência, da nulidade e da anulabilidade.
Temos, pois, quatro tipos de sentenças viciadas:
* sentença injusta;
* sentença inexistente;
* sentença nula;
* sentença anulável.
O primeiro tipo, tem tratamento pela via recursal; os restantes, através do disposto nos arts. 666.º e segs. do C.P.C..
Remissões:
...
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