Multa
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 193-194 |
Page 193
s.f. (lat. multa).
s.c.: acto ou efeito de multar; pena pecuniária; coima.
As execuções por multas serão instauradas por apenso ao processo no qual se haja feito a notificação da respectiva conta ou liquidação.
Subindo em recurso qualquer dos processos, ajuntar-se-á ao da execução uma certidão da conta ou da liquidação que lhe serve de base.
Quando a condenação em multa tiver sido proferida na Relação ou Supremo , a execução corre no tribunal de 1.ª instância em que o processo foi instaurado.
Se o executado for, porém, funcionário da Relação ou do Supremo, que nesta qualidade haja sido condenado, a execução corre na comarca sede do tribunal a que o funcionário pertencer.
Page 194
Tendo litigado de má fé, a parte será condenada em multa.
Quando a parte for um incapaz, uma pessoa colectiva ou uma sociedade, a responsabilidade da multa recai sobre o seu representante que esteja de má fé na causa.
Quando se reconheça que o mandatário da parte teve responsabilidade pessoal e directa nos actos pelos quais se revelou a má fé na causa, dar-se-á conhecimento à Ordem dos Advogados ou à Câmara dos Solicitadores, para que estas possam aplicar as sanções respectivas e condenar o mandatário na quota-parte das custas, multa e indemnização que lhes parecer justa.
Remissões:
arts. 92.º, 93.º, 456.º/1, 458.º e 459.º C.P.C..
Jurisprudência:
Ac. Rel. Porto, de 27/1/03, in JTRP00035445/ITIJ/Net.
Ac. S.T.J., de 17/12/02, in Sumários, 12/2002.
História:
Vem de longe a ideia de aplicar sanções especiais ao litigante de má fé ou ao temerário.
Esta ideia surpreende-se já no direito romano e ganha terreno nas organizações...
Para continuar a ler
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