Matéria de facto
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 189 |
Page 189
s.f. (lat. materia).
s.c.: aquilo de que uma coisa é feita, que ocupa espaço, tem massa (por isso tem peso) e pode impressionar os nossos sentidos corporais; assunto.
s.m. (lat. factu).
s.c.: qualquer dado da experiência; acção realizada; assunto de que se trata.
Na audiência de discussão e julgamento da causa, incluem-se debates sobre a matéria de facto, nos quais cada advogado pode replicar uma vez. Nos debates, os advogados procurarão fixar os factos que devem considerar-se provados e aqueles que o não foram; o advogado pode ser interrompido por qualquer dos juízes ou pelo advogado da parte contrária, mas, neste caso, só com o seu consentimento e o do presidente, devendo a interrupção ter sempre por fim o esclarecimento ou rectificação de qualquer afirmação.
A matéria de facto é decidida por meio de acórdão ou despacho, se o julgamento incumbir a juiz singular; a decisão proferida declarará quais os factos que o tribunal julga provados e quais os que julga não provados, analisando, criticamente, as provas e especificando os fundamentos que forem decisivos para a convicção do julgador.
Só podem intervir na decisão da matéria de facto os juízes que tenham assistido a todos os actos de instrução e discussão praticados na audiência final.
O tribunal colectivo aprecia, livremente, as provas, decidindo os juízes segundo a sua prudente convicção acerca de cada facto.
Remissões:
arts. 652.º a 655.º C.P.C..
Jurisprudência:
Ac. Rel. Coimbra, de 18/2/03, in JTRC01913/ITIJ/Net.
Ac. S.T.J., de 19/9/02, in Sumários, 9/2002.
Ac. S.T.J., de 6/6/00, in B.M.J., 498.º-179.
História:
O C.P.C. de 1876 consagrava ainda o velho sistema da discussão escrita (art. 400.º), a não ser que, nas acções de processo ordinário, as partes acordassem na...
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