Distribuição
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 100-101 |
Page 100
s.f. (lat. distributione).
s.c.: acto ou efeito de distribuir; repartição; arranjo.
Não houvesse distribuição e a desorganização ainda mais se instalaria nos tribunais: a este, caberiam muitos e complicados processos; aqueloutro, quedar-se-ia com poucos e de menor complexidade.
A distribuição surge para descomplicar, alcançar uma divisão equitativa.
Ou, adiantam outros, pretende evitar o conhecimento prévio do juiz que ficará encarregado de presidir à instrução e julgamento da causa.
Integram a distribuição três operações: classificação, numeração e sorteio.
Através da classificação determina-se a espécie a que pertencem as petições, bem como, de outros papéis, que entraram no tribunal.
Logo a seguir, procede-se à numeração dos papéis e, finalmente, ao sorteio mediante a extracção de uma esfera de uma urna em que tenham entrado esferas com números correspondentes aos papéis da espécie.
Remissões:
arts. 209.º a 227.º C.P.C..
Page 101
Jurisprudência:
Ac. S.T.J., de 29/1/02, in Sumários, 1/2002.
Ac. Rel. Lisboa, de 6/4/00, in B.M.J., 496.º-304.
História:
O n.º 4, do art. 130.º do Código anterior considerava nulidade insuprível a falta de distribuição quando dela dependesse a competência do juiz; mas, acrescentava, «o erro na distribuição não equivale à sua falta». O art. 160.º do mesmo Código dispunha que, havendo falta de...
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