Acórdão nº 075986 de Supremo Tribunal Administrativo (Portugal), 23 de Março de 1988 (caso None)
Magistrado Responsável | CURA MARIANO |
Data da Resolução | 23 de Março de 1988 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR PROC CIV. DIR CIV - TEORIA GERAL / DIR OBG.
LegislaÁ„o Nacional: CPC67 ART201 ART203 ART373 ART379 ART394 ART666 N2 ART667 N1 ART668 N3 ART715. CCIV66 ART268 ART464 ART1180 ART1181 N1.
JurisprudÍncia Nacional: AC STJ DE 1962/02/23 IN BMJ N114 PAG421.
Sum·rio : I - Por erro material da sentenÁa, entender-se-a o ter-se escrito coisa diversa do que se quis escrever, estando-se assim no dominio da express„o material da vontade do julgador e n„o no dominio da formaÁ„o de tal vontade. II - Para o distinguir do erro de julgamento, ha que averiguar qual teria sido a vontade real do juiz, para se confrontar esta com a declarada e ver se divergem ou se coincidem. III - Verificado erro material contido na sentenÁa, este torna-se irrelevante se for possivel concluir no sentido de que a soluÁ„o juridica encontrada seria a mesma apesar da rectificaÁ„o do erro. IV - A eventual nulidade por indevida produÁ„o de prova testemunhal, que n„o influiu na decis„o da causa, deve ser arguida no acto - artigos 201 e 203 do Codigo de Processo Civil. V - N„o se verifica...
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