Acórdão nº 96B728 de Supremo Tribunal Administrativo (Portugal), 15 de Outubro de 1998
Magistrado Responsável | DIONISIO CORREIA |
Data da Resolução | 15 de Outubro de 1998 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - DIR CONTRAT. DIR REGIS NOT.
Legislação Nacional: CPC95 ART534 N2 PAR2. LOTJ87 ART29. CPC67 ART535 N1 ART544 N2 ART646 N4 ART712 N1 N2 ART722 N2 ART729 N1 N2. CCIV867 ART474 PAR2 ART482 PAR2. CCIV66 ART279 N1 ART302 N1 ART518 ART521 ART522 ART523 ART953 ART1682-A ART2196.
Sumário : I - A faculdade concedida no Tribunal pelo n. 1 do artigo 535 do CPC de requisitos, informações, documentos, e outros elementos destinados à descoberta da verdade material insere-se no uso de poderes descricionários, não necessitando assim o indeferimento de sugestões em tal sentido formulada pela parte de qualquer fundamentação específica ou especial. II - Os despachos judiciais proferidos no uso de poderes discricionários não são recorríveis - artigo 679 do CPC; irrecorribilidade essa que apenas se confina ao conteúdo ou sentido do despacho, que não também aos pressupostos da legalidade de tal uso. III - A norma do n. 1 do artigo 535 do CPC não viola o disposto no artigo 20 da Constituição da República pois que não coarcta e muito menos de modo intolerável o direito de acesso ao direito, à justiça e aos tribunais e demais direitos anexos no mesmo previstos. IV - O Supremo Tribunal de Justiça apenas conhece materia de direito - artigo 29 da LOTJ87 - sendo-lhe, por isso, vedado alterar a matéria de facto fixada pelas...
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