Acórdão nº 085871 de Supremo Tribunal de Justiça (Portugal), 12 de Julho de 1994 (caso NULL)
Magistrado Responsável | RAMIRO VIDIGAL |
Data da Resolução | 12 de Julho de 1994 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC TRIB PLENO.
Decisão: FINDO O RECURSO POR NÃO EXISTIR OPOSIÇÃO.
Indicações Eventuais: A REIS IN CPC ANOTADO PAG288 VOLVI. CASTRO MENDES RECURSOS PAG217. ANIBAL DE CASTRO IN IMPUGNAÇÃO DAS DECISÕES JUDICIAIS PAG218.
Área Temática: DIR PROC CIV - RECURSOS.
Legislação Nacional: CPC67 ART264 ART668 N1 D ART687 N3 ART720 ART763 ART764 ART765 N3 ART767 N1.
Jurisprudência Nacional: AC STJ PROC83323 DE 1993/09/21. AC STJ DE 1948/07/14 IN BMJ N8 PAG163. AC STJ DE 1978/05/02 IN BMJ N277 PAG175.
Sumário : I - O artigo 763 do Código do Processo Civil permite a interposição para o Tribunal Pleno, de recurso de um acórdão do Supremo Tribunal de Justiça que, relativamente à mesma questão fundamental de direito consagre solução oposta à de outro acórdão deste Tribunal, já transitado em julgado. II - O êxito deste recurso exige a verificação de determinados pressupostos. Uns, ditos de natureza substancial, quais sejam, o de que a oposição se retrate de modo expresso e não meramente implícito, e se manifeste nas próprias decisões que não apenas nos seus fundamentos e muito menos quando estes não sejam decisivos para a solução do pleito. Ainda, o de que a questão fundamental de direito só se pode considerar a mesma nas duas decisões quando radica em situações de facto cujo núcleo seja essencialmente idêntico, embora não necessariamente coincidente em toda a pormenorização. Finalmente, o de que essa oposição ocorra no domínio da mesma legislação. III - Como pressupostos de ordem...
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