Acórdão nº 9110020 de Court of Appeal of Porto (Portugal), 07 de Março de 1991
Magistrado Responsável | BESSA PACHECO |
Data da Resolução | 07 de Março de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: DECIDIDO NãO TOMAR CONHECIMENTO. ** NEGADO PROVIMENTO.** PROVIDO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART166 N1 N3 ART666 N1 N3 ART677 ART748 N3. CCIV66 ART12 N2. DL 387 - B/87 DE 1987/12/29 ART7 N1 ART23 N1 N2.
Jurisprudência Nacional: AC STJ DE 1977/04/19 IN BMJ266 PAG135. AC RC DE 1981/01/27 IN CJ T1 ANOVI PAG12. AC RL DE 1989/02/21 IN CJ T1 ANOXIV PAG 130.
Sumário: 1- Se a nulidade esta coberta por uma decisão judicial que sancionou a omissão em que aquela se traduz, o meio proprio para a arguir não e a simples reclamação, mas a impugnação desse despacho pela interposição do recurso competente. 2- O apoio judiciario insere-se na legislação sobre a organização judiciaria, equiparavel a legislação processual, pelo que vigora, no caso concreto, o principio doutrinal da aplicação imediata da lei nova. 3- O apoio judiciario não se destina apenas as pessoas pobres, não constituindo...
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