Acórdão nº 086545 de Supremo Tribunal de Justiça (Portugal), 26 de Abril de 1995
Magistrado Responsável | OLIVEIRA BRANQUINHO |
Data da Resolução | 26 de Abril de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: DECIDIDO NÃO TOMAR CONHECIMENTO.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV - RECURSOS. DIR CIV - TEORIA GERAL. DIR JUDIC - ORG COMP TRIB.
Legislação Nacional: LOTJ87 ART20 N1 N2. CPC67 ART497 N1 ART506 ART671 N1 ART672 ART677 ART678 N1 N2 ART687 N4 ART704 N1 ART729. DL 385/88 DE 1988/10/25 ART35 N2 N3 ART40 N1. CCIV66 ART236 ART371 ART374. DL 201/75 DE 1975/04/15 ART33 B. L 76/77 DE 1977/09/29 ART42 N1 D N2 B.
Sumário : I - Para efeitos tão só da aplicação da regra do n. 3 do artigo 35 do Decreto-Lei 385/88 - recorribilidade independente de o valor se conter na alçada do tribunal de 1. instância, restrita à matéria de direito - é de acolher um conceito amplo da noção de "processos judiciais referentes a arrrendamentos rurais" que abrange também os processos em que o arrendamento rural surja como matéria de defesa, como acontece na presente acção de reivindicação. II - O sentido da norma do artigo 35 n. 3 do Decreto-Lei 385/88 foi o de introduzir um abrandamento do rigor das alçadas, como que cindindo a decisão que, excepcionalmente, considera recorrível independentemente das alçadas, em dois segmentos - a decisão em matéria de facto e a decisão em matéria de...
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