Acórdão nº 040192 de Supremo Tribunal de Justiça (Portugal), 27 de Setembro de 1989 (caso NULL)
Magistrado Responsável | VILLA NOVA |
Data da Resolução | 27 de Setembro de 1989 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: CONFLITO JURISDIÇÃO.
Decisão: DECLARAÇÃO DE COMPETENCIA.
Área Temática: DIR CONST - PODER POL. DIR JUDIC - ORG COMP TRIB. DIR PROC PENAL. DIR PROC CIV.
Legislação Nacional: CONST82 ART210 N2. CPP29 ART1 PARUNICO ART160. CPP87 ART48 ART50 ART85 ART241. DL 78/87 DE 1987/02/17 ART7 N1. L 17/87 DE 1987/06/01. CPC67 ART115. L 38/87 DE 1987/12/23 ART6 N1 ART28 N3 F ART59 N1. DL 605/75 DE 1975/11/03 ART1 ART3 ART4.
Sumário : I - O artigo 210, n. 2, da Constituição da Republica apenas tem em vista as decisões dos tribunais, no exercicio da sua competencia, sobre o tema decidendum, e não as decisões sobre a propria competencia, que e um pressuposto processual. II - Podem verificar-se conflitos de jurisdição, designadamente. entre tribunais e outras autoridades, os quais são da competencia do Supremo Tribunal de Justiça, quando não sejam da competencia do Tribunal de Conflitos. (Artigo 28, n. 3, alinea f), da Lei Organica dos Tribunais Judiciais). III - O juiz de instrução e o delegado da comarca tem poderes de decisão, que apresentam um certo paralelismo. IV - Verifica-se um conflito de jurisdição quando ocorre um...
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