Acórdão nº 02524/07 de Tribunal Central Administrativo Sul, 31 de Maio de 2012
Magistrado Responsável | CARLOS ARAÚJO |
Data da Resolução | 31 de Maio de 2012 |
Emissor | Tribunal Central Administrativo Sul |
Ora, considerou a sentença recorrida a verificação do requisito ilicitude por se verificarem atrasos no processo, tendo formulado um juízo de censura ao serviço ou aparelho judiciário (requisito culpa), porém considerou que os danos morais sofridos não consubstanciavam prejuízos para efeitos do disposto no artº 496º/1 do C.Civil e que inexistiria nexo de causalidade adequada entre os atrasos do processo e os danos morais sofridos.
Porém, entendemos não ser assim.
Da matéria de facto apurada sob as alíneas BJ), BK), BL), BN) e BO), resulta a verificação de prejuízos morais graves merecedores da tutela do direito e a verificação de um nexo de causalidade adequada entre os atrasos ocorridos na tramitação do recurso contencioso e tais danos (cfr. arts. 496º e 563º do C.Civil).
Mostrando-se inequívoco que tendo tal recurso contencioso sido interposto em 5/2/1997 é obtida decisão final em 1ª instância apenas em 28/04/2005 – cfr. als. A) e BA) da matéria de facto apurada-, não se mostra respeitado o direito a obter uma decisão judicial em prazo razoável, conforme decorre dos arts 20º/4 da CRP e 6º/1 da Convenção Europeia dos Direitos do Homem, ratificada pela Lei nº 65/78, de 13/10 e da abundante jurisprudência do TEDH citada pelo recorrente, verificando-se que para tal efeito não importa apurar qual foi o desfecho do processo em que ocorreram atrasos devidos ao mau funcionamento da justiça pois...
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