Acórdão nº 040191 de Supremo Tribunal de Justiça (Portugal), 18 de Outubro de 1989 (caso NULL)
Magistrado Responsável | MANSO PRETO |
Data da Resolução | 18 de Outubro de 1989 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: CONFLITO COMPETENCIA.
Decisão: DECLARAÇÃO DE COMPETENCIA.
Área Temática: DIR PROC PENAL. DIR PROC CIV.
Legislação Nacional: CPC67 ART117 ART120 ART121 ART184 N1 A B ART187 N1. CPP87 ART318 N1.
Sumário : I - A recusa de cumprimento de uma carta precatoria, por parte do tribunal deprecado, com fundamento em que a lei não autoriza aquela diligencia no processo de transgressão, configura uma situação de impasse qualificavel como conflito inominado que deve ser dirimido nos termos dos artigos 117 a 121 do Codigo de Processo Civil. II - O tribunal deprecado tem, em principio, de acatar o pedido feito pelo tribunal deprecante, não lhe sendo permitido recusar o cumprimento de uma carta precatoria, com fundamento em facto ou razão de direito que o tribunal deprecante arredou. III - A recusa de cumprimento de carta precatoria so e legitima quando se...
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