Revelia
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 260 |
Page 260
s.f. (lat. rebelle).
s.c.: acto ou qualidade de revel; não comparência em juízo, após citação; rebeldia.
O réu é revel quando não deduzir qualquer oposição, não constituir mandatário judicial, não intervier por qualquer forma no processo ou quando, contestando ou intervindo, não constituir mandatário judicial. Se o réu, não contestando, vier a ser considerado revel, o processo sofrerá uma radical amputação no seu esquema, desaparecendo dele todo o período do saneamento e condensação, bem como, a fase da instrução (art. 484.º), sem prejuízo do disposto no art. 485.º. A falta de contestação, quando não vale a doutrina do art. 484.º, apenas tem como consequência encerrar-se, desde logo, o período dos articulados; em tudo o mais o processo continuará segundo a tramitação normal. A razão de ser deste efeito está principalmente na necessidade do período da instrução para o autor poder provar os factos articulados na petição - quando suficientes e relevantes de harmonia com a lei aplicável, e quando o processo não deva terminar no despacho saneador, por vícios ou irregularidades de ordem formal.
Remissões:
arts. 483.º a 485.º C.P.C..
Jurisprudência:
Ac. S.T.J., de 18/12/02, in Sumários, 12/2002.
Ac. S.T.J., de 22/4/99, in B.M.J., 486.º-317.
História:
O artigo 483.º do Código de 1961 ampliou a fórmula do artigo 487.º do Código de 1939 [que a importara, no essencial, do Dec. n.º 12353 (art. 5.º, 1.ª parte) e do Dec. n.º 21287 (art. 96.º)], exigindo que (para haver a tal revelia agravada) o...
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