Acórdão nº 11717/03 de Tribunal Central Administrativo Sul, 05 de Fevereiro de 2004 (caso NULL)
Data | 05 Fevereiro 2004 |
Órgão | http://vlex.com/desc1/1998_02 |
Acordam na 1ª Secção (2ª Subsecção) do TCA 1. Lúcia ...
veio interpor recurso jurisdicional do despacho de 27.5.002 do Mmo. Juiz do T.A.C. de Lisboa, que julgou deserto por falta de alegações o recurso contencioso por si interposto da deliberação de 19.11.98 do Conselho de Administração do Sub/Grupo Hospitalar dos Capuchos/Destro.
Alega, em síntese, que a norma do parágrafo único do artº 67º do R.S.T.A., interpretada no sentido de mandar aplicar à falta de alegações, como foi na sentença recorrida, o regime previsto no nº 3 do artº 690º do Cod. Proc. Civil, viola os princípios do Estado de Direito Democrático (artº 2º), do acesso ao direito, a uma decisão e à tutela jurisdicional efectiva (art. 20º nº 4 e 268º nº 4), da proporcionalidade (art. 18º nº 2) e do princípio da igualdade de armas, corolário ou decorrência dos princípios da igualdade e do acesso ao direito (arts. 13º e nº 1 do art. 20º) todos da C.R.P.
Por isso, conclui a recorrente, deve revogar-se a douta sentença recorrida, por aplicação de disposição legal inconstitucional.
x x 2. Entende, assim, a recorrente que a norma do par. único do art. 67º do R.S.T.A. é inconstitucional.
Não o é, porém.
Em todos os ordenamentos jurídicos democráticos existem normas que impõem ónus ou deveres de carácter processual que, a não serem cumpridos, podem implicar a perda da acção ou recurso.
No caso dos autos a recorrente foi notificada, por despacho de 27.5.2002, do Mmo. Juiz do T.A.C. de Lisboa, para produzir alegações finais, e, não as tendo apresentado, foi o recurso julgado deserto nos termos dos...
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