Acórdão nº 46/17.0BCLSB de Tribunal Central Administrativo Sul, 16 de Novembro de 2017
Magistrado Responsável: | JOAQUIM CONDESSO |
Data da Resolução: | 16 de Novembro de 2017 |
Emissor: | Tribunal Central Administrativo Sul |
ACÓRDÃO X RELATÓRIO X A AUTORIDADE TRIBUTÁRIA E ADUANEIRA, notificada do despacho, exarado a fls.126 dos autos, que ordenou o desentranhamento e devolução à entidade impugnada das contra-alegações juntas ao processo, porque intempestivas, veio deduzir a presente reclamação para a conferência, ao abrigo do artº.652, nº.3, do C.P.Civil, na redacção da Lei 41/2013, de 26/6, “ex vi” do artº.29, nº.1, al.e), do dec.lei 10/2011, de 20/1 - RJAT (cfr.fls.129 e seg. dos autos), alegando, em síntese útil: 1-Que apesar do despacho que ordenou a notificação da entidade reclamante para contra-alegar fixar em quinze dias o prazo para produzir contra-alegações; 2-Se deve aplicar ao caso concreto o prazo de trinta dias previsto no artº.145, nº.1, do C.P.T.A., prazo de defesa que não admite adaptações, sendo aplicável aos processos arbitrais por remissão do artº.27, nº.2, do RJAT; 3-Se o legislador quisesse determinar de forma diferente, teria previsto um prazo para contra-alegar expressamente no citado artº.27, nº.2, do RJAT, à semelhança do que se verificou quanto ao prazo de apresentação do pedido de impugnação arbitral no nº.1 do mesmo preceito; 4-Termina, pugnando por que se julgue procedente a presente reclamação e, em consequência, ser o despacho reclamado revogado.
XNotificada para se pronunciar sobre a reclamação deduzida (cfr.fls.131 e 132 dos autos), a sociedade impugnante/reclamada nada alegou.
XCom dispensa de vistos, atenta a simplicidade das questões a decidir, vêm os autos à conferência para deliberação (cfr.artº.657, nº.4, do C.P.Civil).
X ENQUADRAMENTO JURÍDICO XO instituto da reclamação para a conferência, actualmente previsto no artº.652, nº.3, do C.P.Civil (aplicável ao processo arbitral tributário “ex vi” do 29, nº.1, al.e), do RJAT), fundamenta a sua existência no carácter de Tribunal colectivo que revestem os Tribunais Superiores, nos quais a regra é a decisão judicial demandar a intervenção de três juízes, os quais constituem a conferência, e o mínimo de dois votos conformes (cfr.artºs.17 e 35, ambos do E.T.A.F.).
Sempre que a parte se sinta prejudicada por um despacho do relator, pode dele reclamar para a conferência. Os direitos da parte - reforçados pela decisão colegial em conferência - são assegurados pela possibilidade de reclamação para a conferência de quaisquer decisões do relator, excepcionadas as de mero expediente (cfr.artºs.630, nº.1, do C.P.Civil).
A reclamação é, pois, também admissível de despacho proferido no...
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