Acórdão nº 0077501 de Supremo Tribunal Administrativo (Portugal), 12 de Abril de 1994 (caso None)
Magistrado Responsável | DINIZ NUNES |
Data da Resolução | 12 de Abril de 1994 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Indicações Eventuais: ALVES CORREIA AS GARANTIAS DO PARTICULAR NA EXPROPRIAÇÃO POR UTILIDADE PÚBLICA 1982 PAG134. OSNALDO GOMES IN ROA 47 PAG127.
Área Temática: DIR CIV - DIR REAIS. DIR CONST - GARANTIAS ADMI. DIR ADM ECOM - EXPRO UTIL PUBL. DIR TRIB - DIR CUSTAS JUD ASSIST JUD.
Legislação Nacional: DL 438/91 DE 1991/11/09 ART59 N2 N3. CCJ62 ART101 N2 ART255 D. DL 845/76 DE 1976/12/11 ART27 N2 ART28 N1 ART77 N1. DL 387-B/87 DE 1987/12/29 ART15 N1 ART17 N1 ART24 N1 A.
Jurisprudência Nacional: ASS STJ DE 1967/07/14 IN BMJ N169 PAG123.
Sumário: I - Nos termos do art. 59 n. 3 do DL 438/91, de 9 Nov., incumbe ao recorrente, e só a este, ainda que se trate de entidade isenta de custas, o encargo de efectuar o preparo para despesas com a avaliação e a inspecção judicial, se a esta houver lugar. II - A louvação é diligência obrigatória : art. 77 n. 1 do DL 845/76, de 11 Dezembro e art. 59 n. 2 do DL 438/91 de 9 de Novembro, pelo que quem recorre implicitamente requer a avaliação. III - Porém, ao beneficiário de apoio judiciário, na modalidade de dispensa total de preparos e de prévio pagamento de custas, não é exigivel o pagamento daquele preparo, pois a sê-lo para nada lhe serviria, afinal, a concessão de apoio judiciário na acção, pois no rigor dos termos a avaliação não devia ter lugar e ficariam impedidos de fazer prosseguir por carência de meios económicos, o que se afigura ser verdadeiro contra-senso. IV - No caso, caberia ao cofre geral dos tribunais suportar tal encargo: art. 255 alinea d) do...
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