Reconvenção
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 242 |
Page 242
s.f. (lat. reconvenire).
s.c.: acto ou efito de reconvir; recriminação; resposta agressiva contra uma agressão.
A reconvenção é a acção que se permite ao demandado exercer contra o demandante, no mesmo processo, verificadas que sejam certas conexões com a acção que este lhe moveu. A reconvenção deve ser deduzida, discriminadamente, na contestação, expondo-se os fundamentos e concluindo-se pelo pedido. Se o réu pretende simultaneamente defender-se do pedido formulado pelo autor e contra-atacar, deduzindo um pedido distinto e autónomo contra ele, deve, logicamente, defender-se em primeiro lugar (mediante o oferecimento das excepções dilatórias, da impugnação e das excepções peremptórias de que disponha) e só contra-atacar em seguida. Só há reconvenção quando o pedido do réu não é mera consequência necessária da defesa por ele deduzida. Por outras palavras, quando o pedido, fundado na defesa, é um pedido substancial e não um pedido meramente formal, isto é, um pedido que nada acrescenta à matéria alegada como defesa. Cabe advertir, porém, que nem sempre a dedução do pedido reconvencional produzirá mudança no valor da acção; para que tal suceda é necessário que o pedido reconvencional seja distinto do pedido formulado pelo autor. Se, portanto, em acção sumária for deduzido pedido reconvencional que, pela soma dos valores, transforme o processo em ordinário, passará imediatamente a haver lugar a réplica e tréplica; do mesmo modo, se em consequência da reconvenção passar a haver recurso, em processo inicialmente compreendido na alçada do tribunal, essa faculdade mantém-se mesmo que, julgado improcedente o pedido reconvencional, o recurso se destine unicamente a apreciar o pedido do autor.
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