Acórdão nº 042/12 de Supremo Tribunal Administrativo (Portugal), 23 de Maio de 2013
Magistrado Responsável | MADEIRA DOS SANTOS |
Data da Resolução | 23 de Maio de 2013 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam na 1.ª Secção do Supremo Tribunal Administrativo: A fls. 239, o CSMP veio requerer que se «determine qual o valor a pagar» à autora «a título de honorários ao seu mandatário na presente acção».
Disse que a autora enviou à PGR a nota discriminativa e justificativa para pagamento de custas de parte onde incluiu, a título de honorários, a quantia de 1.476,00 euros. Mas que o CSMP entende que a importância devida à autora a tal título é, somente, de 459,00 euros.
Ouvida a propósito daquele requerimento, a autora referiu que não foi notificada de qualquer reclamação da nota que enviara, não vendo agora «fundamento legal para o que vem requerido».
Embora dirigido ao relator, o requerimento em causa deve ser decidido em conferência, «ex vi» do art. 27° do CPTA, «a contrario», conjugado com o art. 17° do ETAF.
Interessam à decisão as seguintes ocorrências processuais: 1 – A acção dos autos foi julgada procedente na Subsecção e no Pleno do STA, ficando as custas da acção e do recurso a cargo do CSMP.
2 – O acórdão do Pleno foi notificado às partes por cartas de 25/1/2013 e transitou.
3 – Em 22/2/2013, a autora deu entrada neste STA da nota justificativa das custas de parte que consta de fls. 222.
4 – A autora enviou igual nota ao CSMP, a qual foi por ele recebida, pelo menos, em 26/2/2013 – como se confessa no art. 3° do requerimento sob apreciação.
5 – Em 12/4/2013, o CSMP deu entrada desse requerimento no STA.
Passemos ao direito.
O requerimento «sub specie», ou representa uma...
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