Mérito da causa
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 190-191 |
Page 190
s.m. (lat. meritu).
s.c.: merecimento; valor moral e intelectual; aptidão.
s.f. (lat. causa).
s.c.: tudo o que determina a existência de uma coisa ou um acontecimento; motivo; razão.
A sentença ou o despacho saneador que decidem sobre a procedência de alguma excepção peremptória, que não seja o caso julgado, conhecem do mérito da causa.
A respeito, porém, da delimitação dos recursos a interpor em primeira instância - apelação e agravo - há na ciência jurídica portuguesa certa hesitação. A questão pode pôr-se neste plano: como interpretar a ideia de conhecimento de mérito da causa, que constaPage 191 do art. 691.º? E encontramos duas interpretações diferentes: - uma, puramente volitiva, sustentada pelo Prof. Palma Carlos: conhecer de mérito é decidir de mérito; - outra, intelectual-volitiva, que informa algumas soluções do Prof. Alberto dos Reis: conhecer de mérito é decidir de mérito só quando o conteúdo da decisão é acertado pelo decidente por exame (exame ponderado pelo decidente, face ao direito substantivo), não quando o conteúdo da decisão de mérito seja vinculativamente imposto por normas processuais.
Esta restrição aflora no art. 922.º, n.º 3.
Remissões:
arts. 691.º e 695.º/1 C.P.C..
Jurisprudência:
Ac. Rel. Porto, de 29/4/96, in B.M.J., 456.º-496.
Ac. S.T.J., de 15/2/95, in B.M.J., 444.º-506.
História:
A Revolução Francesa proclamou, entre outros princípios, o do duplo grau de jurisdição...
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