Recurso
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 245 |
Page 245
s.m. (lat. recursu).
s.c.. meio de que se lança mão para alcançar um fim; expediente; refúgio.
As decisões judiciais podem ser impugnadas por meio de recurso.
Os recursos são ordinários ou extraordinários: naqueles, integram-se a apelação, a revista e o agravo; nestes, a revisão e a oposição de terceiro.
Só é admissível recurso ordinário nas causas de valor superior à alçada do tribunal de que se recorre desde que as decisões impugnadas sejam desfavoráveis para o recorrente em valor também superior, a metade da alçada desse tribunal; em caso, porém, de fundada dúvida acerca do valor da incumbência, atender-se-á somente ao valor da causa.
Mas se tiver por fundamento a violação das regras de competência internacional, em razão da matéria ou da hierarquia ou a ofensa de caso julgado, o recurso é sempre admissível, seja qual for o valor da causa.
Também admitem sempre recurso as decisões respeitantes ao valor da causa, dos incidentes ou dos procedimentos cautelares, com o fundamento de que o seu valor excede a alçada do tribunal de que se recorre.
É sempre admissível recurso das decisões proferidas contra jurisprudência uniformizada pelo S.T.J..
Os recursos podem ter dois efeitos: devolutivo e suspensivo. Diz-se que o recurso tem efeito meramente devolutivo, quando ao efeito devolutivo não acresce o efeito suspensivo.
O efeito devolutivo consiste em devolver ou deferir ao tribunal superior o conhecimento da questão ou questões postas pelo recorrente e, secundariamente, pelo recorrido. O efeito suspensivo pode traduzir-se em duas manifestações: 1.ª o recurso susta a execução da decisão recorrida, obsta a que a decisão constitua título executivo enquanto não transitar em julgado; 2.ª o recurso susta o andamento...
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