Acórdão nº 070/17 de Tribunal dos Conflitos, 28 de Junho de 2018
Magistrado Responsável | ANTÓNIO ABRANTES GERALDES |
Data da Resolução | 28 de Junho de 2018 |
Emissor | Tribunal dos Conflitos |
Conflito nº 70/17 Foi aberto um conflito negativo de jurisdição que opõe o Juízo Local de Pequena Criminalidade de Lisboa Oeste ao Tribunal Administrativo e Fiscal de Sintra em torno da competência para a apreciação de um recurso interposto no âmbito de um processo de contraordenação instaurado ao abrigo do Dec. Lei nº 555/99, de 16-12.
No caso, o recurso foi interposto em 22-8-16, mas os autos apenas foram presentes a juízo depois do despacho da Exmª Procuradora-Adjunta na Comarca de Lisboa Oeste datado de 26-9-16 (fls. 2 e 3), tendo sido distribuído em 28-9-16 (fls. 1), a que se seguiu um primeiro despacho judicial de 23-12-16 e outro de 14-3-17 a declarar a incompetência em razão da matéria, com remessa para o TAF de Sintra.
Conflitos semelhantes já foram resolvidos pelo Tribunal de Conflitos que de forma unânime vem decidindo que, para efeitos de determinação da competência para a apreciação do recurso definida pelo art. 4°, n° 1, al. i), do ETAF, na redação introduzida pelo art. 15°, n°...
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