Acórdão nº 00357/16.1BECBR de Tribunal Central Administrativo Norte, 07 de Abril de 2017
Magistrado Responsável | Lu |
Data da Resolução | 07 de Abril de 2017 |
Emissor | Tribunal Central Administrativo Norte |
Acordam em conferência os juízes deste Tribunal Central Administrativo Norte, Secção do Contencioso Administrativo: Ministério da Educação, confrontado com pretérito acórdão de 10/03/2017, solicita reforma quanto a custas.
Foi seu objecto decisão de antecipação do conhecimento da causa principal (art.º 121º do CPTA).
Decidiu-se «conceder provimento ao recurso, revogando a decisão de antecipação de julgamento da causa principal e esse decorrente julgamento, prosseguindo os autos para julgamento pelo tribunal “a quo” da providência cautelar requerida».
E, relativamente às custas, exarou-se “pela recorrente”.
A falta de concordância gramatical (recorreu “o” recorrente Ministério) alerta para a existência de erro de escrita.
Todavia, admitindo não ser evidente qual rectificação, podendo aí ver-se recaída responsabilidade pelo recorrente, tem sentido que haja sido requerida reforma.
O recorrente solicita-a por a condenação em custas não estar conforme a disciplina do art.º 527º do CPC, já que há parte vencida, a recorrida.
Assinala a recorrida que a custas devem ficar a cargo do recorrente, vencido quanto a questão de competência, e porque, não obstante a revogação da decisão de antecipação, não se pode ainda afirmar a perda de causa, ainda não resolvida definitivamente.
O recorrente tem razão.
No que agora nos ocupa o CPTA não tem particularidades.
Entende-se que dá causa às custas a parte vencida, na proporção em que o for (art.º 527º, nº 2, do CPC).
O vencimento ou o decaimento devem ser aferidos em face da pretensão formulada ou da posição assumida pela parte relativamente à questão que tenha sido objecto de decisão. É parte...
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