Acórdão nº 078784 de Supremo Tribunal de Justiça (Portugal), 20 de Fevereiro de 1990
Magistrado Responsável | ALCIDES DE ALMEIDA |
Data da Resolução | 20 de Fevereiro de 1990 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART143 N1 ART144 N3 ART146 ART292 N1 ART666 N1 ART690 N2 ART743 N1. DL 121/76 DE 1976/02/11 ART1 N3. CONST76 ART208 N2.
Sumário : I - Em face do nosso ordenamento juridico - artigo 208, n. 2 da Constituição da Republica e artigo 666, n. 1 do Codigo de Processo Civil - toda a decisão jurisdicional e dotada de imperatividade. II - Julgado deserto um recurso por despacho proferido antes do termo do prazo legal de apresentação das alegações, e porque a decisão não pode ser alterada pelo orgão que a proferiu, a apresentação das alegações de recurso dentro do prazo legal, mas posteriormente a prolação do despacho que o julgou deserto, determinaria a inadmissibilidade da sua...
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