Acórdão nº 0083921 de Supremo Tribunal Administrativo (Portugal), 24 de Maio de 1994 (caso None)
Data | 24 Maio 1994 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR CIV. DIR TRIB - ASSIST JUD. DIR ADM GER - ADM PUBL LOCAL. DIR PROC CIV - RECURSOS.
Legislação Nacional: DL 387-B/87 DE 1987/12/29 ART18 N1 B ART20 N1 ART23 N2 N3 ART26 N3 ART28. CPC67 ART664 ART680. CADM40 ART256. DL 217/88 DE 1988/07/27 ART1 N2. CCIV66 ART371.
Jurisprudência Nacional: AC STJ DE 1985/03/05 IN RLJ ANO123 PAG148.
Sumário: I - O Ministério Público não está legitimado a intervir, seja como recorrente, seja como recorrido, no recurso de decisão acerca de matéria de apoio judiciário, salvo sendo parte na causa em que o incidente se levanta ou se actuar em representação de quem pede o benefício. II - Na presunção propriamente dita, o facto desconhecido não pode deixar de ser alegado, sob pena de não poder ser considerado. III - Na presunção do direito parte-se de um facto, a base da presunção, para se firmar um juízo de valor de natureza jurídica. IV - Das presunções resulta uma alteração das regras do ónus da prova, no sentido de onerar a parte que pretenda valer-se de presunção com o ónus de provar o facto que constitui a base da presunção, em lugar de provar o facto que é elemento constitutivo do direito que invoca, ou, nas...
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