Acórdão nº 5903/2006-1 de Tribunal da Relação de Lisboa, 03 de Outubro de 2006
Magistrado Responsável | RIJO FERREIRA |
Data da Resolução | 03 de Outubro de 2006 |
Emissor | Tribunal da Relação de Lisboa |
ACORDAM OS JUÍZES DO TRIBUNAL DA RELAÇÃO DE LISBOA: I - Relatório A.e mulher intentaram, em 26MAI1999, contra B. e mulher e Outros acção de divisão de coisa comum de prédio misto sito na Charneca da Caparica, Almada.
Na contestação veio invocado que o prédio em causa integrava uma área urbana de génese ilegal (AUGI) sujeita a processo de reconversão, não havendo lugar à pretendida divisão de coisa comum.
Por deliberação de 15MAR2000 a Câmara Municipal de Almada procedeu à delimitação da AUGI correspondente ao prédio cuja divisão se pretende.
Por despacho de 14JUL2005, considerando a imprescindibilidade de junção do título de reconversão, foi suspensa a instância até à junção do referido título.
Inconformados, agravaram os requerentes concluindo, em síntese, não ser aplicável o regime de reconversão das AUGI's por a acção ter sido intentada antes da declaração de AUGI, não ser aplicável ao caso a Lei 64/2003, e a decisão recorrida obrigar os requerentes a permanecer na indivisão em violação do disposto no artº 1412º do CCiv.
Houve contra alegação onde se pugnou pela manutenção do decidido.
II - Questões a Resolver Consabidamente, a delimitação objectiva do recurso emerge do teor das conclusões do recorrente, enquanto constituam corolário lógico-jurídico correspectivo da fundamentação expressa na alegação, sem embargo das questões de que o tribunal ad quem possa ou deva conhecer ex officio (1).
De outra via, como meio impugnatório de decisões judiciais, o recurso visa tão só suscitar a reapreciação do decidido, não comportando, assim, ius novarum, i.e., a criação de decisão sobre matéria nova não submetida à apreciação do tribunal a quo (2).
Ademais, também o tribunal de recurso não está adstrito à apreciação de todos os argumentos produzidos em alegação, mas apenas - e com liberdade no respeitante à indagação, interpretação e aplicação das regras de direito - de todas as "questões" suscitadas, e que, por respeitarem aos elementos da causa, definidos em função das pretensões e causa de pedir aduzidas, se configurem como relevantes para conhecimento do respectivo objecto, exceptuadas as que resultem prejudicadas pela solução dada a outras (3).
Assim, em face do que se acaba de expor e das conclusões apresentadas, a questão a decidir é, unicamente, a de saber se foi correcta a decisão de suspender a instância até à junção do título de reconversão da AUGI.
III - Fundamentos de Facto A matéria de facto relevante é a constante do relatório...
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