Acórdão nº 0712/03 de Supremo Tribunal Administrativo (Portugal), 09 de Dezembro de 2004
Magistrado Responsável | FREITAS CARVALHO |
Data da Resolução | 09 de Dezembro de 2004 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam em conferência na Secção do Contencioso Administrativo do Supremo Tribunal Administrativo O A... , lotes ..., com sede na rua ... , Nazaré, recorre do despacho de 24-10-02, do M.º Juiz do Tribunal Administrativo do Círculo de Coimbra, que, por falta de personalidade judiciária, rejeitou liminarmente o recurso contencioso que havia interposto do despacho do Presidente da Câmara Municipal da Nazaré que licenciou a construção de um prédio de rés-do-chão e primeiro andar na Avenida Circular Norte, da Nazaré .
Constatando-se que o patrocínio judiciário do recorrente, foi exercido pela Exm.ª Advogada sem mandato e a título de gestão de negócios, e que não tinha ainda sido ratificada a gestão nem suprida a falta de mandato judicial, foi a fls. 111, proferido acórdão interlocutório em que foi ordenada a notificação pessoal do recorrente para, em dez dias e nos termos dos artigos 40º, n.ºs 1 e 2, e 41º, n.ºs 2 e 3, do C. P. Civil, ratificar a gestão bem como, no mesmo prazo, constituir mandatário e ratificar o processado.
Tal decisão foi, igualmente, notificada à Exm.ª Advogada subscritora da petição de fls. 2 e seg.s.
Na sequência da notificação que lhe foi efectuada veio o recorrente, a fls. 117, " informar que o Condomínio não pretende ratificar a gestão, nem constituir mandatário nem ratificar o processado ", nada dizendo a Exm.ª Advogada .
Nos termos do artigo 5, da LPTA, é obrigatória a constituição de advogado nos processos da competência dos tribunais administrativos.
A falta de constituição de mandatário pelo recorrente, bem como da ratificação do processado, depois do convite do juiz...
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