Reparação
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 253 |
Page 253
s.f. (lat. reparatione).
s.c.: acto ou efeito de reparar ; conserto; restauro.
Findos os prazos concedidos às partes para alegarem, a secretaria autua as alegações do agravante e do agravado com as respectivas certidões e documentos e faz tudo concluso ao juiz para sustentar o despacho ou reparar o agravo.
Se o juiz reparar o agravo, pode o agravado requerer, dentro de 10 dias a contar da notificação do despacho de reparação, que o processo de agravo suba, tal como está, para se decidir a questão sobre que recaíram os dois despachos opostos. Quando o agravado use desta faculdade, fica tendo, a partir desse momento, a posição de agravante.
No caso de reparação, se o primitivo agravo não suspender a execução do respectivo despacho, juntar-se-á ao processo principal certidão do novo despacho, para ser cumprido.
Remissão:
art. 744.º C.P.C..
Jurisprudência:
Ac. Rel. Porto, de 21/11/00, in Col. Jur., 2000, 5.º-197.
Ac. Rel. Lisboa, de 22/9/99, in B.M.J., 489.º-398.
História:
No § 1.º, do art. 1017.º do C.P.C. de 1876, só se dava ao juiz o poder de mandar passar certidões para sustentação do despacho quando o agravado fosse revel, devendo entender-se que o era no caso de não oferecer...
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