Depoimento de parte
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 92-93 |
Page 92
s.m. (lat. deponere).
s.c.: acto ou efeito de depor; narração ou declaração feita pelo depoente.
s.f. (lat. parte).
s.c.: porção de um todo; fracção; quinhão.
O juiz pode, em qualquer estado do processo, determinar a comparência pessoal das partes para a prestação de depoimento sobre factos que interessem à decisão da causa.
Quando o depoimento seja requerido por alguma das partes, devem indicar-se logo, de forma discriminada, os factos sobre que há-de recair. O depoimento de parte pode ser exigido de pessoas que tenham capacidade judiciária.
Pode requerer-se o depoimento de inabilitados, assim como, de representantes de incapazes, pessoas colectivas ou sociedades; porém, o depoimento só tem valor de confissão nos precisos termos em que aqueles possam obrigar-se e estes possam obrigar os seus representados.
Cada uma das partes pode requerer não só o depoimento da parte contrária, mas também o dos seus compartes.
O depoimento só pode ter por objecto factos pessoais ou de que o depoente deva ter conhecimento.
Remissões:
arts. 552.º a 567.º C.P.C..
arts. 352.º a 361.º C.C..
Page 93
Jurisprudência:
Ac. S.T.J., de 12/12/02, in Sumários, 12/2002.
Ac. Rel. Lisboa de 3/10/00, in Col. Jur., 2000, 4-102.
Ac. Rel. Coimbra, de 2/5/00, in B.M.J., 497.º-449.
História:
O art. 216.º do Cód. de 76 permitia que o depoimento de parte se requeresse em qualquer estado da causa até ir conclusa para sentença final em primeira instância. Esta disposição foi objecto de censura. Mal se compreendia que o depoimento pudesse ser requerido até ao último instante, quando era certo que, se o depoente...
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