Decisão
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 90 |
Page 90
s.f. (lat. decisione).
s.c.: acto ou efeito de decidir ou de decidir-se; deliberação; coragem.
Cabe a designação de sentença ao acto pelo qual o juiz decide a causa principal ou algum incidente que apresente, segundo a lei, a figura de uma causa.
As decisões dos tribunais colegiais têm a denominação de acórdãos.
As decisões proferidas sobre qualquer pedido controvertido ou sobre alguma dúvida suscitada no processo são sempre fundamentadas.
A sentença começa por identificar as partes e o objecto do litígio, fixando as questões que ao tribunal cumpre solucionar. Seguem-se os fundamentos, devendo o juiz discriminar os factos que considera provados e indicar, interpretar e aplicar as normas jurídicas correspondentes, concluindo pela decisão final.
Não pode recorrer quem tiver aceitado a decisão depois de proferida.
O tribunal decide da matéria de facto por meio de acórdão ou despacho, se o julgamento incumbir a juiz singular; a decisão proferida declarará quais os factos que o tribunal julga provados e quais os que julga não provados.
Havendo duas decisões contraditórias sobre a mesma pretensão, cumprir-se-á a que passou em julgado em primeiro lugar.
É aplicável o mesmo princípio à contradição existente entre duas decisões que, dentro do processo, versem sobre a mesma questão concreta da relação processual.
Remissões:
arts. 158.º, 653.º, 659.º, 675.º e 681.º C.P.C..
Jurisprudência:
Ac. Rel. Coimbra, de 18/2/03, in JTRC01913/ITIJ/Net.
Ac. S.T.J., 5/12/02, in Sumários, 12/2002.
Ac. S.T.J., de 21/11/02, in Sumários, 11/2002.
Ac. S.T.J., de 28/10/99, in Col. Jur., 1999, 3.º-66.
His...
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