A concretização pela jurisprudência da revista excecional

• Autor(a) principal: Barata, Ricardo Alexandre Preguiça
• Data de Publicação: 2017
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/21788
• topic: direito processual civil; recursos; revista excecional; dupla conforme; conceitos indeterminados; civil procedure law; civil appeals; will of certiorari; rule of the double conform decisions; indeterminate concepts; Direito

The interesting of this masters dissertation is to add knowledge to the civil procedure area, especially about the writ of certiorari in the Portuguese legal system. The object of this study is article number 672 of the civil procedure code of 2013 that contains three requirements, where two of them include indeterminate concepts that need a specific court’s case law. We will begin with the initial studies and drafts of the appeal. This new appeal appears in the code in the year 2007, with the civil procedure reform. We will talk about the important questions that arise from the legislative work and from all the legal opinions given on the different drafts. We will address the administrative law (article number 150 of the administrative procedure code) because this appeal for the administrative Supreme Court inspired the civil procedure options. We will try to find similar points between the Portuguese writ of certiorari system and the systems from France, United Kingdom and United States. The American legal system has various similarities. The main point of this paper is to become familiar with the analysis made by the jurisprudence of the Supreme Court about the true meaning of the appeal requirements and separate the decisions by topics to facilitate comprehension by students or professionals (lawyers and other law workers).