Formas de processo
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 126-127 |
Page 126
s.f. (lat. forma).
s.c.: figura geométrica de um objecto; feitio; feição.
s.m. (lat. processu).
s.c.: modo de fazer uma coisa; norma; método.
O processo pode ser comum ou especial.
Este, aplica-se aos casos, expressamente, designados na lei; aquele, é aplicável a todos os casos a que não corresponda processo especial.
O processo comum é ordinário, sumário e sumaríssimo.
O erro na forma do processo importa a anulação dos actos que não possam ser aproveitados, devendo praticar-se os que forem, estrictamente, necessários para que o processo se aproxime, quanto possível, da forma determinada pela lei.
Não devem, porém, aproveitar-se os actos já praticados, se do facto resultar uma diminuição das garantias do réu. A anulação dos actos provenientes de erro na forma do processo, só pode ser arguida até à contestação ou neste articulado.
O juiz deve conhecer esta anulação no despacho saneador, caso antes a não tenha já apreciado; proferido o despacho saneador, só pode conhecê-la mediante reclamação dos interessados quando seja admissível. Se não houver despacho saneador, o conhecimento pode ser até à sentença final.
Remissões:
arts. 460.º, 461.º e 467.º/1/c) C.P.C..
Jurisprudência:
Ac. Rel. Porto, de 20/1/00, in B.M.J., 493.º-417.
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História:
O problema da aplicação do processo comum (ordinário) ou do processo especial era, no sistema do Código velho...
Para continuar a ler
PEÇA SUA AVALIAÇÃO- Dicionário de Processo Civil
- F
- Facto
- Falecimento
- Falsidade
- Falta
- Filial
- Formalidade
- Formas de processo
- Funcionário
- Fundamentação
- Fundamento
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