Recorrente
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 243 |
Page 243
s. 2 gén. (lat. recurrente).
s.c.: que parece retroceder à sua origem; designativo de alguns órgãos (nervos, veias, artérias, etc.), certas nervuras das asas de alguns insectos, apófises uncíneas (no esqueleto das aves), etc..
Os recursos, exceptuada a oposição de terceiro, só podem ser interpostos por quem, sendo parte principal na causa, tenha ficado vencido. Note-se que a lei admite hoje oposição de terceiro movido pela parte, no caso do art. 778.º, n.º 3. Se certo incapaz - menor, por exemplo - houver movido uma acção, ou houver sido demandado, e o seu representante se houver conluiado com a contraparte para lhe assegurar sentença favorável contra alguma compensação - seja em favor dele representante, seja mesmo em favor do representado - este, quando atingir a maioridade, pode interpor o recurso de oposição de terceiro. Se o terceiro, absolutamente estranho ao processo, pode agravar do despacho que ordena exame na sua escrituração, é claro que o recurso está, aberto não só a pessoas que intervenham no processo, embora acidentalmente, como também a pessoas que nenhuma intervenção tenham nele. O que importa é que a decisão afecte ou prejudique directamente o recorrente. É lícito às partes renunciarem aos recursos, mas a renúncia antecipada só produz efeitos se provier de ambas as partes. Não pode recorrer quem tiver aceitado a decisão. A aceitação pode ser expressa ou tácita. Não é aplicável ao Ministério Público.
Remissões:
arts. 680.º e 778.º/3 C.P.C..
Jurisprudência:
Ac. S.T.J., de 19/9/02, in Sumários, 9/2002.
Ac. S.T.J., de 15/1/02, in Sumários, 1/2002.
História:
Pondo de parte a oposição de terceiro, que é uma espécie particular posta à disposição de...
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