Acórdão nº 052/13 de Supremo Tribunal Administrativo (Portugal), 20 de Fevereiro de 2014
Magistrado Responsável | ALBERTO AUGUSTO OLIVEIRA |
Data da Resolução | 20 de Fevereiro de 2014 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Despacho do Relator 1.1. O Conselho Superior do Ministério Público veio por requerimento de 11.11.2013 apresentar nota justificativa de custas de parte.
1.2.
A Autora, A…….., foi notificada dessa nota em 12.11.2013.
1.3. A autora solicitou ao CSMP a disponibilização de documento comprovativo da taxa de justiça paga, que lhe foi enviado.
1.4. A autora veio, em 5.12.2013, solicitar que se reconheça a caducidade do direito do CSMP de a interpelar para pagamento de custas de parte, por tal ter ocorrido fora do prazo determinado no artigo 25.º, n.º 1, do RCP.
1.5. O Conselho Superior do Ministério Público responde que o requerimento da autora foi apresentado para além do prazo previsto no artigo 40.º do Regulamento das Custas Processuais.
Cumpre apreciar e decidir.
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A nota de custas de parte foi apresentada, como se disse introdutoriamente, em 11.11.2013, sendo autora, ora requerente, notificada dessa nota em 12.11.2013. E só em 5.12.2013 veio apresentar o requerimento referenciado em 1.4.
Ora, nos termos do artigo 33.º, 1, da Portaria n.º 419-A/2009, de 17.4, «A reclamação da nota justificativa é apresentada no prazo de 10 dias, após a notificação à contraparte […]».
Assim, tal como se julgou, em situação similar, no acórdão de 23.5.2013, processo 042/12, o requerimento da autora «ou representa uma reclamação da nota justificativa das custas de parte, ou não. / Se não representa, tem necessariamente de ser indeferido, pois os tribunais destinam-se a resolver...
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