Exame
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 113-114 |
Page 113
s.m. (lat. examen).
s.c.: acto ou efeito de examinar; interrogatório; análise.
Os mandatários judiciais constituídos pelas partes, os magistrados do M.P. e os que exerçam o patrocínio por nomeação oficiosa podem solicitar, por escrito ou verbalmente, que os processos pendentes lhes sejam confiados para exame fora da secretaria do tribunal.
Tratando-se de processos findos, a confiança pode ser requerida por qualquer pessoa capaz de exercer o mandato judicial, a quem seja lícito examiná-los na secretaria.
Compete à secretaria facultar a confiança do processo, pelo prazo de cinco dias, que pode ser reduzido se causar embaraço grave ao andamento da causa.
Se o réu não contestar, tendo sido ou devendo considerar-se citado, regularmente, na sua própria pessoa ou tendo juntado procuração a mandatário judicial no prazo da contestação, consideram-se confessados os factos articulados pelo autor.
O processo é, então, facultado para exame pelo prazo de 10 dias, primeiro ao advogado do autor e, depois, ao mandatário do réu, para alegarem por escrito, e em seguida é proferida sentença, julgando a causa conforme for de direito.
Se as partes não prescindirem da discussão por escrito do aspecto jurídico da causa, a secretaria, uma vez concluído o julgamento da matéria de facto, facultará o processo para exame ao advogado do autor e, depois, ao do réu, pelo prazo de 10 dias a cada um deles, a fim de alegarem, interpretando e aplicando a lei aos factos que tiverem ficado assentes.
Remissões:
arts. 169.º/1/2, 171.º/1/2, 484.º/2 e 657.º C.P.C..
Page 114
Jurisprudência:
Ac. S.T.J., de 18/12/02, in Sumários, 12/2002.
Ac. Rel. Porto, de 25/5/93, in B.M.J., 427.º-583.
História:
Pelo art. 67.º do Código de Processo Civil de 1876, qualquer pessoa podia examinar os processos judiciais não secretos. O Decreto n.º 15 344, de 10 de Abril de 1928, ao dar nova redacção ao art. 696.º do Estatuto Judiciário de então, modificou essa regra, estabelecendo que só as partes e os advogados...
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