Acórdão nº 07590/14 de Tribunal Central Administrativo Sul, 22 de Janeiro de 2015
Magistrado Responsável: | JOAQUIM CONDESSO |
Data da Resolução: | 22 de Janeiro de 2015 |
Emissor: | Tribunal Central Administrativo Sul |
ACÓRDÃO X RELATÓRIO XPER ......................, com os demais sinais dos autos, notificado do despacho, exarado a fls.121 dos autos, que declarou a extinção da presente instância devido a inutilidade superveniente da lide, em virtude da extinção do processo executivo de que a presente oposição constitui apenso, veio juntar requerimento ao processo a arguir a nulidade de todo o processado (cfr.fls.128 e 129 dos autos), alegando, em síntese: 1-Que foi com surpresa que o recorrido recebeu o despacho que determinou a extinção da presente instância por inutilidade superveniente da lide; 2-Desde logo, porque não foi notificado das alegações de recurso apresentadas pela Fazenda Pública; 3-Desconhecendo, mesmo, a existência de um recurso apresentado pela Fazenda Pública; 4-E tanto assim é que o recorrido não apresentou as suas contra-alegações, precisamente porque não foi notificado das alegações produzidas pela Fazenda Pública; 5-Que igualmente não foi o recorrido notificado do teor dos documentos juntos a fls.116 a 119, senão com a notificação do presente despacho; 6-Que não pode exercer o contraditório nos autos; 7-Que deve ser declarada a nulidade de todo o processado por falta de cumprimento das identificadas notificações, nos termos do artº.195, do C.P.Civil, porque irregularidades que influíram na decisão da causa.
XNotificada para se pronunciar sobre a alegada nulidade do processado (cfr.fls.131 e 132 dos autos), a Fazenda Pública nada disse.
XO Digno Magistrado do M. P. junto deste Tribunal emitiu douto parecer (cfr.fls.136 e 137 dos autos) no sentido de se indeferir o requerido.
XFoi exarado despacho a converter o requerimento junto a fls.128 e 129 do processo em 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.2, al.e), do C.P.P.Tributário, visto se entender ser da competência da mesma conferência a deliberação sobre a aludida petição (cfr.despacho exarado a fls.138 dos autos).
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 judicial tributário “ex vi” do artº.2, al.e), do C.P.P.T.), fundamenta a sua existência no carácter de Tribunal colectivo que revestem os Tribunais Superiores, nos quais a regra é a decisão...
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