Acórdão nº 0230/08 de Supremo Tribunal Administrativo (Portugal), 05 de Novembro de 2009
Data | 05 Novembro 2009 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
Acordam, em conferência, na Secção do Contencioso Administrativo do Supremo Tribunal Administrativo: O recorrente A…, revisor oficial de contas, identificado a fls. 2 dos autos, notificado do despacho de fls. 189, que julgou deserto o recurso por ele interposto para o Pleno do acórdão de fls. 176, por falta de pagamento da taxa de justiça (preparo), dele vem, sob invocação do art. 111º, nº 2 da LPTA, reclamar para a conferência.
Refere, em síntese, que, “datando, consabidamente, dos anos 50 do século passado, a legislação in casu aplicada afirma-se claramente contrária ao direito comunitário vigorante na ordem interna, com primado desde 1 de Janeiro de 1986, tendo por consequência que ceder perante os valores fundamentais... daquele ordenamento jurídico supranacional”.
E que, “não tendo o antecedido nestes autos em matéria de taxas de justiça transitado em julgado, não poderá o correlativo normativo doméstico sob impugnação... ser desde já aplicado”, pois que “consumar-se-ia destarte uma petitio principii que já o direito interno tampouco consente”.
Invoca, a este propósito, aquilo a que chama “um caso julgado recente, encerrando evidente analogia juris, precisamente nesse Supremo Tribunal Administrativo, ao nível da própria Presidência”, referindo-se à decisão, pelo Presidente do STA, de uma Reclamação de despacho de não admissão de recurso.
* O despacho reclamado é do seguinte teor: “Pelo requerimento de fls. 182 vem o recorrente interpor recurso para o Pleno da Secção do acórdão de fls. 176/177, invocando fazê-lo ao abrigo do disposto no art. 24º, al. a) do ETAF/84.
Não procedeu à autoliquidação da taxa de justiça (preparo).
Tendo-lhe sido remetidas guias para pagamento da taxa de justiça em singelo (fls. 184), não procedeu ao respectivo pagamento.
Tendo-lhe sido remetidas novas guias para pagamento da taxa de justiça acrescida da cominação legal – preparo em dobro – (fls. 186), mais uma vez não...
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