Acórdão nº 98A1112 de Supremo Tribunal de Justiça (Portugal), 12 de Janeiro de 1999 (caso NULL)
Magistrado Responsável | SILVA GRAÇA |
Data da Resolução | 12 de Janeiro de 1999 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART511 N5 ART513 ART575 ART616 ART631 ART721 ART722 ART729. DL 242/85 DE 1985/07/09.
Jurisprudência Nacional: AC RL DE 1972/03/24 IN BMJ N215 PAG288.
Sumário : I - Não padece de nulidade o acórdão que, tendo abordado as questões que lhe foram colocadas, não abordou todos os argumentos invocados pelos recorrentes. II - Não provado que a área do prédio rústico ocupada abusivamente pelos réus estivesse na situação de expropriada no período relativamente ao qual o autor formula o pedido de indemnização, não carece este de legitimidade para fazer tal pedido. III - Em princípio, o Supremo Tribunal de Justiça, funcionando nos termos habituais, como tribunal de revista, conhece apenas de questões de direito. O erro na apreciação das provas e na fixação dos factos materiais da causa não pode ser objecto de recurso de revista, salvo havendo ofensa de uma disposição expressa da lei que exija certa espécie de prova para a existência do facto ou que fixe a força de determinado meio de prova. IV - O...
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