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Artigo 727.º-A.Alegações orais
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 143 |
Page 143
Às vezes, quando olhamos para o nosso legislador, quer-nos parecer ser alguém que tendo a faca e o queijo na mão, corta os dedos.
Veja-se só: no relatório do Decreto-Lei n.º 303/07, de 24 de Agosto, como, aliás, o mesmo ocorrendo no relatório do Decreto-Lei n.º 329-A/95, de 12 de Dezembro, faz-se crer que a filosofia subjacente era a da celeridade processual, vedando-se manobras dilatórias ou obstrucionistas.
Medidas tais que, aliás, pelo menos algumas, já foram dadas como relevantes nas páginas a montante.
Aqui, porém, o legislador borrou a pintura, é mesmo. A faculdade de alegações orais, não é, na verdade, deixar entrar pela janela o que se impediu pela porta?
Ou o relator usa a medida para descongestionamento ou a parte para dilação temporal, que pode ser aceite por aquele como meio de gestão processual.
E que efeito prático, útil, concreto, se vai colher? Nenhum, quando a experiência dita a limitada importância, senão mesmo a inocuidade absoluta das alegações orais praticadas perante os colectivos. 152
Resta esperar que o uso seja diminuto. Page 144 Para não suceder o que se passa no âmbito penal, onde as alegações na Relação são bem pouco menos que um teatro, salvo apenas pelo décor mais imponente, ainda que soturno, das salas onde a função se desempenha.
Cenário a que se acrescenta, quando no areópago Supremo, uma de autêntica brigada de reumáticos.
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