Acórdão nº 0830/13 de Supremo Tribunal Administrativo (Portugal), 13 de Fevereiro de 2014
Magistrado Responsável | MADEIRA DOS SANTOS |
Data da Resolução | 13 de Fevereiro de 2014 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam na 1.ª Secção do Supremo Tribunal Administrativo: As Freguesias de Alcácer do Sal (Santa Maria do Castelo) e de Santa Susana vêm reclamar para a conferência da decisão do relator, constante de fls. 287 a 289, que julgou o STA incompetente em razão da matéria para conhecer da acção dos autos e que absolveu os réus da instância.
Dizem que tal decisão foi prolatada sem que lhes tivesse sido dada a oportunidade de previamente se pronunciarem sobre as excepções deduzidas nas contestações, designadamente a que foi julgada procedente.
Não houve resposta.
Cumpre decidir.
E é manifesto que as reclamantes têm razão. Realmente, a Secção não notificou às ora reclamantes as contestações dos réus – como decorria do art. 229º-A, n.º 1, do CPC anterior. Tal omissão consubstanciou uma nulidade processual (art. 201º do mesmo diploma). Daí que a emissão da...
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