Funcionário
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 127-128 |
Page 127
s.m. (lat. functione).
s.c.: aquele que exerce uma função em cargo público; empregado.
Os funcionários da secretaria judicial, não podem exercer as suas funções: quando sejam parte na causa, por si ou como representante de outra pessoa ou quando na mesma tenham um interesse que lhes permitisse ser parte principal; quando sejam parte na causa, por si ou como representante de outra pessoa, o seu cônjuge ou algum seu parente ou afim, ou em linha recta ou no segundo grau da linha colateral, ou quando alguma destas pessoas tenha na causa um interesse que lhe permita figurar nela como parte principal; quando tenham intervindo na causa como mandatários ou peritos de qualquer das partes.
O funcionário da secretaria, que esteja abrangido por qualquer impedimento, deve declará-lo, imediatamente, no processo. Se o não fizer o juiz conhecerá do impedimento, oficiosamente, ou a requerimento de qualquer des partes.
A procedência do impedimento do funcionário da secretaria, ainda que por este declarado, é sempre apreciada pelo juiz.
Podem também as partes opor suspeição aos funcionários da secretaria com os fundamentos indicados nas als. a), c), d), e), f) e g), do art. 127.º do C.P.C..
É de ter em atenção que o funcionário judicial que der causa à anulação de actos do processo responde pelo prejuízo que resulte da anulação.
Quando a penhora haja de recair em quaisquer abonos ou vencimentos de funcionários públicos, é a entidade encarregada de processar as folhas notificada para que faça, no abono ou vencimento, o desconto correspondente ao crédito penhorado e o depósito na...
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