Acórdão nº 001762 de Supremo Tribunal de Justiça (Portugal), 27 de Novembro de 1987
Magistrado Responsável | LICINIO CASEIRO |
Data da Resolução | 27 de Novembro de 1987 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: CONFLITO JURISDIÇÃO.
Decisão: DECLARAÇÃO DE COMPETENCIA.
Área Temática: DIR PROC CIV. DIR MIL - DISC MIL / EST MIL.
Legislação Nacional: PORT 594/77 DE 1977/09/20 N2 A N3 N30 B N32 ART51 N3 E. CPC67 ART676 N1. DL 129/84 DE 1984/04/27 ART126 N1 B. DL 282/76 DE 1976/04/20 ART15 N2. CONST76 ART218. RDM77 ART3 ART120 N1. EOFA65 ART77 ART107 A. EOE71 ART69 ART134 A. EOFAP71 ART196 B.
Jurisprudência Nacional: AC STM DE 1987/18/02. AC TC DE 1986/03/12. AC TC DE 1986/06/11.
Sumário : I - Como resulta do disposto no artigo 676 do Codigo de Processo Civil, recorre-se da decisão e não dos seus fundamentos. II - Pelo que para aferir da competencia de um tribunal para conhecer do recurso, não se deve atender ao fundamento do acto recorrido, mas deve-se antes, definir a natureza do acto impugnado. III - Tratando-se de recurso das decisões definitivas e executorias dos Chefes dos Estados-Maiores proferidas em materia disciplinar o seu conhecimento compete ao Supremo Tribunal Militar; tratando-se de...
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