Acórdão nº 0058311 de Supremo Tribunal Administrativo (Portugal), 20 de Outubro de 1992 (caso None)
Magistrado Responsável | HUGO BARATA |
Data da Resolução | 20 de Outubro de 1992 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV - PROCED CAUT.
Legislação Nacional: CPC67 ART201 N1 ART202 ART205 N2 ART385 N1 ART394 ART400 N2 ART404 N1 ART415 N2.
Sumário: I - Não cabe à secção de processos completar ou integrar o despacho do magistrado judicial, antes cumprir tão só o que lhe for determinado. II - Numa providência cautelar (arrolamento) em que se não determinou a notificação dos requeridos, não podia a secção de processos praticá-la; tendo-o feito, trata-se de irregularidade, geradora de nulidade, que o magistrado pode, por si, conhecer e, na sequência, mandar restituir rol de testemunhas apresentado pelos indevidamente notificados (artigos 415 n. 2, do Código de Processo Civil; artigos 385 n. 1, 394, 400 n. 2, 404 n. 1, do Cód. Proc. Civil; J. A. Reis, C. P. C. Anotado ed. 1981, II, pág. 122/3; artigos 201 n. 1, 202 in fine, 205 n. 2, do Cód. Proc. Civil). III - Alguma jurisprudência vem aceitando - e ela própria exercitando - a prática da remissão para escritos existentes nos autos. Trata-se de actuação que se não tem por repelida, em princípio e absolutamente, pela Lei, visto que tem a eficiência de a todos poupar tempo, e o condão de excluir conferência entre o reproducendo e o reproduzido. Ponto é que em tanto a remissão seja inequívoca. IV - Sendo tónicas do arrolamento que "o Autor ignora se, não obstante a acção proposta, a 1 requerida transferiu para a posse da 2 requerida estes valores" e que "a requerente...
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