Acórdão nº 0408/14 de Supremo Tribunal Administrativo (Portugal), 24 de Junho de 2014
Magistrado Responsável | ALBERTO AUGUSTO OLIVEIRA |
Data da Resolução | 24 de Junho de 2014 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam na Formação de Apreciação Preliminar da Secção do Contencioso Administrativo do Supremo Tribunal Administrativo: 1.1. A……………………….. e outros vêm reclamar do acórdão de 29.4.2014.
1.2. O Ministério da Educação e Ciência respondeu.
Vejamos.
2.1. Tempestividade da reclamação Os reclamantes foram notificados, como indicam, em 5 de Maio de 2014.
Trata-se o presente de processo urgente de intimação para a protecção de direitos, liberdades e garantias.
Assim, os prazos a observar durante o recurso são reduzidos a metade – artigo 147.º, 2, do CPTA.
O prazo de reclamação que é, em geral, de 10 dias, por força do artigo 29.º do CPTA (10 dias), é, neste caso, de 5 dias.
Portanto, o prazo de reclamação terminava em 12.5 (segunda-feira).
Com multa, terminaria no 3.º dia útil posterior, ou seja 15.5.
A presente reclamação deu entrada em 15.5, não se mostrando paga a multa devida, conforme o artigo 139.º, 5, do CPC.
Porém, após o cumprimento pela secretaria do disposto no artigo 139.º, 6, do mesmo Código, os requerentes efectuaram o pagamento da multa.
Não há, assim, razão para atender, já, à extemporaneidade suscitada pelo Ministério da Educação e Ciência.
2.2. Do mérito da reclamação Conforme notou o Ministério da Educação e Ciência, a reclamação é omissa quanto ao preceituado sob que se abriga.
No quadro dos autos, ela só poderia configurar-se para rectificação de erros materiais (art. 614.º CPC), supressão de nulidades (art. 615.º do CPC) ou reforma (art. 616.º do CPC).
Todavia, observando-se toda a peça reclamatória, não se detecta que integre qualquer daquelas figuras: nem se invoca a...
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