Acórdão nº 00615/05 de Tribunal Central Administrativo Sul, 19 de Abril de 2007 (caso NULL)
Magistrado Responsável | António Coelho da Cunha |
Data da Resolução | 19 de Abril de 2007 |
Emissor | Tribunal Central Administrativo Sul |
Acordam no 2º Juizo do TCA Sul 1. A Caixa Geral de Aposentações veio arguir a nulidade Acordão de 18.05.2006, proferido nos autos na sequência do seu requerimento de arguição de nulidade do Acordão de 7.07.2005, que apresentou em 19.07.2005 Alega, em síntese, que o referido Acordão de 7.7.05 não se pronunciou sobre a questão da ilegalidade da sentença recorrida na parte em que condenou a ora requerente em litigância de má fé, e que o Acordão de 18.05.2006 não só não faz qualquer alusão ao referido pedido de suprimento, como igualmente se não pronuncia sobre a condenação da C.G.A como litigante de má fé, pelo que terá havido violação do disposto no artigo 668º nº 1, alínea d) do Cód. Proc. Civil.
Entendemos que a requerente tem razão, mas apenas parcialmente.
O Tribunal deveria ter-se pronunciado expressamente sobre a condenação como litigante de má fé proferida em 1ª instância, mas, não o tendo feito, tal não implica a nulidade do Acordão.
Na verdade, a litigância de má fé diz respeito ao comportamento da parte, quando esta actua com dolo ou negligência, e não propriamente ao objecto da relação material controvertida.
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