Acórdão nº 01517/14 de Supremo Tribunal Administrativo (Portugal), 22 de Abril de 2015
Magistrado Responsável | FONSECA DA PAZ |
Data da Resolução | 22 de Abril de 2015 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
ACORDAM NA SECÇÃO DE CONTENCIOSO ADMINISTRATIVO DO STA: A……………, notificado do acórdão deste tribunal que julgou improcedente o processo cautelar que intentara contra o Conselho Superior do Ministério Público, veio, ao abrigo do art. 614º, do C.P.Civil, requerer a sua rectificação na parte em que lhe atribuíu a responsabilidade pelo pagamento das custas, com o fundamento que, nesta parte, ele continha um erro de escrita.
A parte contrária não se pronunciou sobre esse requerimento.
Cumpre decidir.
O requerente, invocando o disposto no art. 614º, nºs 1 e 2, do C.P.C., aplicável “ex-vi” art. 1º, do C.P.T.A., solicita a rectificação do acórdão, com o fundamento que ele incorreu em erro de escrita quando o condenou no pagamento das custas, uma vez que, como referira no requerimento inicial, estava isento desse pagamento, nos termos dos arts.107º, nº 1, al. l), do E.M.P. e 4º, nº 1, al. c), do R.C.P.
Imputou, assim, ao acórdão um erro material susceptível de correcção nos termos do art. 614º, nº 1, do C.P.C., o qual permite que, por iniciativa do juíz ou a requerimento de qualquer das partes, se proceda à rectificação de acórdão que seja omisso quanto a custas ou a algum dos elementos previstos no nº 6 do art. 607º ou que contenha erros de escrita ou de cálculo ou quaisquer inexactidões devidas a outras omissões ou lapso manifesto.
O citado art. 614º, nº 1, ao permitir ajustar, mediante rectificação, a vontade declarada pelo julgador à sua vontade real, só é aplicável aos erros ou inexactidões materiais e não aos erros de julgamento.
Porém, porque os erros de escrita devidos a “lapsus...
Para continuar a ler
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