Acórdão nº 583/11 de Tribunal Constitucional (Port, 30 de Novembro de 2011
Magistrado Responsável | Cons. Ana Guerra Martins |
Data da Resolução | 30 de Novembro de 2011 |
Emissor | Tribunal Constitucional (Port |
ACÓRDÃO N.º 583/2011
Processo n.º 547/10
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Secção
Relatora: Conselheira Ana Maria Guerra Martins
Acordam na 3.ª Secção do Tribunal Constitucional:
I – Relatório
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Nos presentes autos, resultantes de extracção de traslado de recurso já transitado em julgado, veio o recorrente requerer a reforma da conta de custas n.º 396/2011, elaborada pela Secretaria deste Tribunal, bem como, subsidiariamente, o pagamento em prestações do montante nela fixado (fls. 22).
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Notificado do referido requerimento, o Ministério Público veio responder no sentido da improcedência do pedido formulado (fls. 25).
Cumpre, então, apreciar e decidir.
II – Fundamentação
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Nos termos do artigo 31º do Regulamento das Custas Processuais, aplicável ex vi artigo do artigo 3º, n.º 1, do Regime de Custas no Tribunal Constitucional (aprovado pelo Decreto-Lei n.º 303/98, de 7 de Outubro, e alterado pelo Decreto-Lei n.º 91/2008, de 2 de Junho), a conta de custas pode ser reclamada. Porém, a conta de custas ora reclamada corresponde integralmente à contagem das custas a que o recorrente foi condenado pelo Acórdão n.º 278/2011. Devendo a impugnação da referida condenação em custas ter ocorrido após a notificação do referido acórdão, dentro dos prazos legalmente efectuados e não o tendo sido, de modo procedente, não pode nesta fase processual o recorrente vir impugná-la.
Como tal, indefere-se a reclamação deduzida.
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Subsidiariamente, vem ainda o recorrente requerer o pagamento faseado do valor das custas, o que se autoriza, mediante pagamento em doze prestações mensais, nos termos e com os efeitos...
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