Acórdão nº 375/06 de Tribunal Constitucional (Port, 27 de Junho de 2006
Data | 27 Junho 2006 |
Órgão | http://vlex.com/desc1/2000_01,Tribunal Constitucional (Port |
ACÓRDÃO N.º 375/2006
Processo n.º 400/06
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Secção
Relator: Conselheiro Vítor Gomes
Acordam, em conferência, na 3ª Secção do Tribunal Constitucional
1. A. pede a aclaração do acórdão de fls. 34 e segs. (acórdão n.º 328/2006), apenas no que diz respeito à condenação em custas, onde deveria constar e não consta [que] o pagamento não se efectuará perante o Apoio Judiciário de que a Recorrente beneficia, enquanto este se mantiver.
O Ministério Público respondeu nos seguintes termos:
1- O eventual apoio judiciário de que possa beneficiar a reclamante não fundamenta a suscitação de um pedido de aclaração, por apenas contender com a exigibilidade actual das custas em dívida.
2- Devendo naturalmente colocar-se apenas no momento em que a reclamante for notificado ou avisada de tal conta de custas e não face ao teor da condenação, constante do acórdão que se pretende aclarar.
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Como refere o Exmo. Procurador-Geral Adjunto, o facto de a decisão não mencionar o eventual benefício de apoio judiciário não justifica o pedido de aclaração. Efectivamente tal omissão não torna a decisão, nomeadamente a condenação em custas, obscura ou ambígua (artigo 669.º, n.º 1...
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