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Université de Montréal - Thèse sous forme numérique

Université de Montréal - Thèse sous forme numérique

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165The <strong>de</strong>cisão is the final section of the acórdão, in which the judge answers thequestions raised by the parties in the law suit. The <strong>de</strong>cisão corresponds to the conclusion ofthe syllogism <strong>de</strong>veloped in the previous parts. It is the result of a logical sequencing of factsand legal grounds and the judge may not go beyond the matter to which he was called.Decisions can be favourable or unfavourable to the author of the appeal. Verbs play a veryimportant role in the formulations used by judges to express their <strong>de</strong>cision. Verbs used toexpress favourable <strong>de</strong>cisions are: conce<strong>de</strong>r (Eng. to grant), <strong>de</strong>ferir (Eng. to allow). Verbsused to express an unfavourable <strong>de</strong>cision are: improce<strong>de</strong>r (Eng. to dismiss), in<strong>de</strong>ferir (Eng.to reject), negar (Eng. to <strong>de</strong>ny), rejeitar (Eng. to reject). Formulations of favourable<strong>de</strong>cisions may vary and sometimes they also mention the consequences and/or effects of the<strong>de</strong>cision:Em conformida<strong>de</strong> com o exposto, acorda-se em:- Conce<strong>de</strong>r a revista;- Revogar o acórdão impugnado;- Repor o sentenciado na 1ª Instância que, julgando improce<strong>de</strong>nte a oposição àexecução, or<strong>de</strong>nou o prosseguimento da acção executiva contra o Oponente, e,- Con<strong>de</strong>nar o Recorrido nas custas.(1017/07.0TVLSB.L1.S1)Translation:In accordance with what was mentioned, we agree:- to allow the appeal;- to revoke the impugned judgment;- to reinstate what was <strong>de</strong>ci<strong>de</strong>d by the First Instance Court, which or<strong>de</strong>red thecontinuation of the executive action against the Opponent because it dismissed theopposition to the execution, and,- to sentence the <strong>de</strong>fendant to pay for the costs.(1017/07.0TVLSB.L1.S1)Formulations expressing an unfavourable <strong>de</strong>cision may vary too, and judges usuallymention that the <strong>de</strong>cision of the low instance court was correct:Com base no exposto, in<strong>de</strong>fere-se o pedido <strong>de</strong> escusa. (532/09.5YFLSB)Translation:

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