Acórdão nº 98B803 de Supremo Tribunal de Justiça (Portugal), 22 de Outubro de 1998
Magistrado Responsável | PEREIRA DA GRAÇA |
Data da Resolução | 22 de Outubro de 1998 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV. DIR CIV - DIR REAIS / DIR CONTRAT / DIR RESP CIV.
Legislação Nacional: DL 329-A/95 DE 1995/12/12 ART18 N1 N2 ART25 N1 N2. CPC67 ART3 ART146 N3 ART698 N2 ART1059. CCIV66 ART1412 ART1417 ART1421 N1 N2. CONST76 ART20.
Jurisprudência Nacional: ASS STJ DE 1989/05/10 IN DR IS DE 1989/07/15.
Sumário : I - Se a petição inicial deu entrada em juízo em 26 de Outubro de 1989 e se o recurso da decisão foi interposto já no decurso do ano de 1997 - depois da entrada em vigor da nova redacção dada ao artigo 698 n. 2 do CPC pela reforma de 95 -, que veio ampliar de 15 para 30 dias o prazo para alegar e contra-alegar - e se o juiz do processo, em despacho de 22 de Abril de 1997, fixou o dito prazo em 15 dias, a parte, para evitar a deserção, ou alegava no prazo mais curto assim fixado, ou agravava do despacho redutor, o qual, se não atacado, se consolidou com força de caso julgado. II - Não colhe a alegação de que a junção de um dado documento com as alegações de recurso haja violado o princípio do contraditório ou posto em causa a prova produzida e, bem assim, o julgamento feito pelo Colectivo - o que violaria o artigo 3 do CPC que decorreria do artigo 20 e do artigo 2, ambos da Constituição da República - se os alegantes tiveram ensejo de tomar posição sobre o conteúdo de tal documento em sede das...
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