Acórdão nº 002190 de Supremo Tribunal de Justiça (Portugal), 20 de Outubro de 1989
Magistrado Responsável | MARIO AFONSO |
Data da Resolução | 20 de Outubro de 1989 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: A VARELA M BEZERRA S NORA MANUAL PROC CIV 1985 PAG427.
Área Temática: DIR PROC CIV - RECURSOS. DIR PROC TRAB.
Legislação Nacional: CPC67 ART646 N3 N4 ART712 ART721 N2 ART722 N2 ART729 N2. CPT81 ART84 N1 ART85 N1 ART134.
Jurisprudência Nacional: AC RP DE 1979/01/29 IN CJ ANO IV TOMO2 PAG447. AC STJ DE 1981/02/03 IN BMJ N304 PAG345. AC STJ DE 1981/10/06 IN BMJ N310 PAG259. AC STJ DE 1984/07/05 IN BMJ N339 PAG370. AC STJ PROC2127 DE 1989/09/22. AC STJ DE 1980/04/15 IN BMJ N296 PAG198. AC STJ DE 1981/06/16 IN BMJ N308 PAG187. AC STJ DE 1982/12/09 IN BMJ N308 PAG186. AC STJ DE 1983/11/30 IN BMJ N322 PAG321. AC STJ DE 1984/02/08 IN BMJ N331 PAG345. AC STJ DE 1987/11/19 IN BMJ N334 PAG267. AC STJ DE 1985/01/11 IN AD N281 PAG597 BMJ N371 PAG361.
Sumário : I - A peça condensadora do processo não tem cunho de acto definitivo estando imbuída do princípio da reformabilidade, sempre que necessário, não se revestindo de força de caso julgado formal. II - Ao Supremo Tribunal de Justiça, como tribunal de revista, compete, fundamentalmente, apreciar a justeza da aplicação do direito substantivo, incidindo, assim, os seus poderes cognitivos sobre matéria de direito da decisão recorrida. III - Todavia, o Supremo Tribunal de Justiça pode conhecer da matéria de facto sempre que haja ofensa de disposição expressa da lei que exija prova vinculada do facto ou que estabeleça o valor de determinado meio probatório. IV...
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