Acórdão nº 0526/08 de Supremo Tribunal Administrativo (Portugal), 03 de Dezembro de 2008
Magistrado Responsável | LÚCIO BARBOSA |
Data da Resolução | 03 de Dezembro de 2008 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam, em conferência, na Secção de Contencioso Tributário do Supremo Tribunal Administrativo: 1. A..., identificado nos autos, veio arguir nulidades do despacho proferido pelo relator.
A Fazenda pública defende que não ocorrem as citadas nulidades.
Cumpre decidir.
O requerimento de arguição de nulidades não é mais do que uma reclamação para a conferência.
É assim que tem de ser entendida e é assim que será objecto de apreciação.
Vejamos então.
O EPGA junto deste Supremo Tribunal, quando os autos lhe foram com vista, promoveu o seguinte: "Apreciando reclamação dirigida ao presidente do tribunal ad quem (art. 688° n. 1 CPC) o Exmº Presidente do STA decidiu no sentido da sua convolação para «recurso jurisdicional para o competente tribunal superior» (fls.46/50).
"Em cumprimento da decisão foi proferido despacho de admissão do recurso, o qual foi notificado ao recorrente, sem que tenha apresentado alegações no prazo legal (fls. 204 e 206).
"Neste contexto promove o Ministério Público a devolução do processo ao tribunal de 1ª instância para proferimento de despacho que exprima a consequência jurídica da falta de apresentação das alegações de recurso (artºs. 282° n. 4 e 285° n. 1 CPPT)".
O relator proferiu o seguinte despacho: "Concordo.
"Remeta à 1ª instância para os efeitos referidos na douta promoção que antecede".
É contra esta decisão que se insurge o recorrente, defendendo que não foi...
Para continuar a ler
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