Acórdão nº 12159/15 de Tribunal Central Administrativo Sul, 25 de Junho de 2015
Magistrado Responsável | PAULO PEREIRA GOUVEIA |
Data da Resolução | 25 de Junho de 2015 |
Emissor | Tribunal Central Administrativo Sul |
Acordam, em conferência, na 1ª Secção do Tribunal Central Administrativo Sul: I. RELATÓRIO · Ministério Público intentou no T.A.C. de Lisboa Processo especial de oposição à aquisição de nacionalidade portuguesa contra · S ……………….
, casada, empregada de limpeza, residente na Rua ……………., n. 1, 2º andar esquerdo, …………-512, …………….
* Por despacho manuscrito de 28-1-15, o referido tribunal decidiu declarar extinta a instância ao abrigo dos arts. 277º/c) e 281º/1 do CPC.
* Inconformado, o a. recorre para este Tribunal Central Administrativo Sul, formulando na sua alegação as seguintes conclusões: «(Imagem)» * Cumpridos os demais trâmites processuais, importa agora apreciar e decidir em conferência.
* II. FUNDAMENTAÇÃO O despacho recorrido considerou deserta a instância, porque o autor nada disse em 6 meses na sequência de ter sido notificado do insucesso em citar a ré (pessoalmente, no sentido previsto no art. 225º/1 CPC).
O núcleo desta matéria consta dos atuais arts. 225º e 226º CPC.
Como se sabe, o pedido de citação considera-se feito com a entrada da p.i. Daí a regra da oficiosidade prevista no art. 226º.
E daí também o previsto nos arts. 225º/6, 236º e 240º CPC. Em síntese, havendo dificuldades em citar pessoalmente o réu, deve recorrer-se à citação edital. Para este efeito, cabe aos serviços do tribunal fazerem, oficiosamente, todas as diligências necessárias, não ficando a...
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