Despacho
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 97-98 |
Page 97
s.m. (lat. pedica).
s.c.: acto ou efeito de despachar; resolução; rapidez na execução de um negócio.
São equiparados às sentenças, sob o ponto de vista da força executiva, os despachos e quaisquer outras decisões ou actos da autoridade judicial que condenem no cumprimento duma obrigação.
Os despachos mencionados no art. 679.º não admitem recurso, porque, pela sua própria natureza, não são susceptíveis de ofender direitos processuais das partes ou de terceiros.
Ou se trata de despachos banais, que não põem em causa interesses das partes, dignosPage 98 de protecção, ou se trata de despachos que exprimem o exercício de livre poder jurisdicional.
Precisamente por isso, não opera aqui o art. 666.º. Pelo facto de os emitir, o juiz não vê esgotado o seu poder jurisdicional; pode, logo a seguir, proferir outro despacho em sentido oposto. Por outras palavras, o magistrado não fica, necessariamente, vinculado ao despacho que proferiu; o despacho não dá lugar à formação de caso julgado.
Remissões:
arts. 48.º, 157.º, 160.º/2, 510.º e 679.º C.P.C..
Jurisprudência:
Ac. S.T.J., de 28/5/02, in Sumários, 5/2002.
Ac. S.T.J., de 5/3/02, in Sumários, 3/2002.
Ac. Rel. Coimbra, de 11/7/00, in Col. Jur., 2000, 4.º-9.
História:
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