Legitimidade
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 176-177 |
Page 176
s.f. (lat. legitimu).
s.c.: qualidade de legítimo; boa lógica; autenticidade.
Para que o juiz se possa pronunciar sobre o mérito da questão, julgando a acção procedente ou improcedente, não basta que as partes tenham personalidade judiciária e gozem de capacidade judiciária. É preciso que, além disso, elas tenham legitimidade para a acção, que o autor e réu sejam partes legÍtimas. É essencial que, como diria Henckel, estejam no processo, como autor e como réu, as partes exactas (die richtige Parteien).
O autor é parte legÍtima quando tem interesse directo em demandar; o réu é parte legítima quando tem interesse directo em contradizer. O interesse em demandar exprime-se pela utilidade derivada da procedência da acção; o interesse em contradizer, pelo prejuízo que dessa procedência advenha.
Na falta de indicação da lei em contrário, são considerados titulares do interesse relevante para o efeito da legitimidade os sujeitos da relação controvertida, tal como é configurada pelo autor.
Têm legitimidade para propôr e intervir nas acções e procedimentos cautelares destinados, designadamente, à defesa da saúde pública, do ambiente, da qualidade de vida, do património cultural e do domínio público, bem como, à protecção do consumo de bens e serviços, qualquer cidadão no gozo dos seus direitos civis e políticos, as associações e fundações defensoras dos interesses em causa, as autarquias locais e o M.P., nos termos previstos na lei.
Remissões:
arts. 26.º e 26.º-A C.P.C..
Page 177
Jurisprudência:
Ac. Rel. Porto, de 7/11/02, in...
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