Acórdão nº 9230137 de Court of Appeal of Porto (Portugal), 26 de Outubro de 1992
| Magistrado Responsável | BESSA PACHECO |
| Data da Resolução | 26 de Outubro de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV - PROCED CAUT. DIR ADM GER.
Legislação Nacional: CPC67 ART412 N1 N2 ART413 N1 N2 ART753. DL 468/71 DE 1971/11/05 ART33 N1 N2 ART14 N8. DL 89/87 DE 1987/02/26 ART1.
Jurisprudência Nacional: AC STJ DE 1983/05/24 IN BMJ N327 PAG566. AC STJ DE 1985/11/21 IN BMJ N351 PAG346. AC STJ DE 1989/02/28 IN BMJ N384 PAG577. AC STJ DE 1985/12/10 IN BMJ N352 PAG291. AC RE DE 1982/06/09 IN CJ T3 ANOVII PAG293. AC RP DE 1982/11/04 IN CJ T5 ANOIX PAG24. AC RP DE 1984/01/24 IN CJ T1 ANOIX PAG222.
Sumário: I - O Estado pode optar pelo embargo administrativo ou judicial de obra iniciada pelos particulares em contravenção da lei, mas o que não pode é optar pelo embargo administrativo e pedir a sua ratificação judicial. II - O interesse em agir ou necessidade da tutela jurisdicional é pressuposto diverso do da legitimidade processual e ele falta quando o Estado pede a ratificação judicial do embargo judicial, visto que...
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