Questão prejudicial
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 236 |
Page 236
s.f. (lat quaestione).
s.c.: assunto; negócio; pendência.
adj. 2 gén. (lat. praejudiciale).
s.c.: que causa prejuízo; nocivo; pernicioso.
Se o conhecimento do objecto da acção depender da decisão de uma questão que seja da competência do tribunal criminal ou do tribunal administrativo, pode o juiz sobrestar na decisão até que o tribunal competente se pronuncie.
A suspensão fica sem efeito se a acção penal ou a acção administrativa não for exercida dentro de um mês ou se o respectivo processo estiver parado, por negligência das partes, durante o mesmo prazo. Neste caso, o juiz da acção decidirá a questão prejudicial, mas a sua decisão não produz efeitos fora do processo em que for proferida.
Remissões:
arts. 97.º e 1335.º C.P.C..
Jurisprudência:
Ac. Rel. Porto, de 17/12/02, in JTRP00035181/ITIJ/Net.
Ac. S.T.J., de 18/1/00, in Col. Jur., 2000, 1.º-31.
História:
O correspondente art. 97.º do C.P.C. de 1939, autorizava o juiz a sobrestar na decisão, até que o tribunal competente se pronunciasse. No caso de «o conhecimento do objecto da acção depender da verificação da existência ou...
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PEÇA SUA AVALIAÇÃO- Dicionário de Processo Civil
- Q
- Questão incidental
- Questão prejudicial
- Questão prévia
- Questão reconvencional
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