Prova
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 233 |
Page 233
s.f. (lat. proba).
s.c.: acto ou efeito de provar; aquilo que mostra ou confirma a verdade de um facto; testemunho.
Correntemente diz-se que o objecto da prova são factos; em rigor deve-se antes dizer que o objecto da prova são afirmações ou alegações de facto, isto é, pode servir-se, para decidir o pleito, dos factos articulados pelas partes. Fundamento da decisão são factos articulados e provados: «judex debet judicare secundum allegata et probata, non secundum constientiam suam». Entre os factos de notoriedade geral e os factos de notoriedade judicial há um ponto de contacto: uns e outros são factos certos. A diferença é a que assinalámos: os primeiros, passam como certos para a generalidade dos cidadãos; os segundos, são tidos como certos somente pelo juiz. É neste sentido que deve entender-se a expressão «factos de que o tribunal tem conhecimento». Não basta, é evidente, que o facto tenha sido alegado em processo em que o juiz tenha intervindo; é indispensável que tenha aí sido apurado ou demonstrado. O documento que tem de juntar-se é certidão que comprove ter o facto sido considerado como exacto noutro processo.
Remissões:
arts. 512.º a 522.º e 527.º C.P.C..
Jurisprudência:
Ac. Rel. Lisboa, de 14/1/03, in...
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