Acórdão nº 0043721 de Supremo Tribunal Administrativo (Portugal), 16 de Novembro de 1993 (caso None)
Magistrado Responsável | SOUSA NOGUEIRA |
Data da Resolução | 16 de Novembro de 1993 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR PROC CIV. DIR TRIB - DIR CUSTAS JUD / DIR ASSIST JUD.
Legislação Nacional: CCJ67 ART51. DL 212/89 DE 1989/06/30 ART8 ART9. DL 92/88 DE 1992/03/17. DL 387-B/87 DE 1987/12/29 ART1 N1 ART20 ART22 N1 ART31 N2.
Sumário: I - Não aceitando, como valor de acção, o indicado pelos autores, decidiu o Sr. Juiz que seria o que viesse a ser achado por perito então nomeado. II - Tal decisão não é muito correcta porque se atribuiu ao perito a tarefa de encontrar, em inteira liberdade ou sem controlo, o valor adequado para efeitos de custas, mas a mesma mostra-se transitada em julgado. III - Quando os autores requereram a redução do imposto de justiça, já a sentença transitara em julgado; perante o requerido o que pretendem é a reforma da sentença quanto a custas, que lhes foi indeferido, sendo decisão irrecorrível (artigo 670, n. 2, CPC). IV - O artigo 51 do Código das Custas Judiciais foi revogado pelo DL 212/89, de 30 de Junho, artigo 8, a), diploma este que se aplica aos processos pendentes (seu artigo 9), devendo a conta efectuar-se de harmonia com a lei vigente à data em que foi proferida a decisão sobre a condenação em custas (DL 92/88, de 17 de Março). V - O artigo 51, n. 3, CCJ embora admita que se use da faculdade de redução prevista no n. 1 depois de proferida a sentença sobre a condenação em custas, não...
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