Técnico
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 275-276 |
Page 275
s.m. (gr. tekhnikos).
s.c.: indivíduo versado numa arte ou numa técnica; perito; especialista.
Quando no processo se suscitem questões de natureza técnica para as quais não tenha a necessária preparação, pode o advogado fazer-se assistir, durante a produção da prova e a discussão da causa, de pessoa dotada de competência especial para se ocupar das questões suscitadas.
Até 10 dias antes da audiência de discussão e julgamento, o advogado indicará no processo a pessoa que escolheu e as questões para que reputa conveniente a sua assistência, dando-se logo conhecimento do facto ao advogado da parte contrária, que pode usar de igual direito.
A intervenção pode ser recusada, quando se julgue desnecessária.
Em relação às questões para que tenha sido designado, o técnico tem os mesmos direitos e deveres que o advogado, mas deve prestar o seu concurso sob a direcção deste e não pode produzir alegações orais.
Quando a matéria de facto suscite dificuldades de natureza técnica cuja solução dependa de conhecimentos especiais que o tribunal não possua, pode o juiz designar pessoa competente que assista à audiência final e aí preste os esclarecimentos necessários, bem como, em qualquer estado da causa, requisitar os pareceres técnicos indispensáveis ao apuramento da verdade dos factos.
Ao técnico podem ser opostos os impedimentos e recusas que é possível opor aos peritos.
A designação será feita, em regra, no despacho...
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