Acórdão nº 003400 de Supremo Tribunal Administrativo (Portugal), 02 de Dezembro de 1992 (caso None)
Magistrado Responsável | DIAS SIMÃO |
Data da Resolução | 02 de Dezembro de 1992 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: MANDADA AMPLIAR A MATÉRIA DE FACTO.
Indicações Eventuais: A REIS CPC ANOTADO VIII 1950 PAG206. B MAGALHÃES ROA ANO8 PAG304. C MENDES CONCEITO DE PROVA PAG570.
Área Temática: DIR PROC CIV - RECURSOS. DIR PROC TRAB.
Legislação Nacional: CPC67 ART511 N1 N2 ART659 N2 ART668 N1 B ART713 N2 ART716 N1 ART721 N2 ART722 N1 ART729 N1 N2 N3. CPT81 ART194 N2.
Jurisprudência Nacional: AC STJ DE 1982/07/23 IN AD N252 PAG612. AC STJ DE 1989/11/15 IN AD N342 PAG858. AC STJ DE 1991/05/29 IN AD N358 PAG1154. AC STJ DE 1986/06/06 IN BMJ N358 PAG328.
Sumário : I - Tendo o acórdão da Relação decidido que determinado artigo da petição inicial constituía matéria conclusiva ou de direito, apesar de se tratar de uma questão de natureza processual e do fundamento específico do recurso de revista ser a violação de lei substantiva, o Supremo Tribunal de Justiça pode dela conhecer uma vez que, conforme preceitua o n. 2 do artigo 722 do Código de Processo Civil, sendo o recurso de revista o competente, pode o recorrente alegar, além da violação da lei processual de modo a interpor-se do acórdão um único recurso. II - Nem sempre é fácil a distinção entre a matéria de facto e a matéria de direito, podendo mesmo afirmar-se que a linha divisória entre facto e direito não tem carácter fixo, dependendo em larga medida da estrutura da norma aplicável e dos termos da causa. III - Indagar se um trabalhador exerce funções correspondentes à categoria de vigilante geral, constitui uma questão de direito. IV - Como critério geral de distinção pode dizer-se que é de facto tudo o que vise apurar ocorrências da vida real, eventos materiais e concretos ou quaisquer mudanças operadas no mundo exterior, se o apuramento dessas realidades se realiza à margem da aplicação directa da lei, ou...
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