Acórdão nº 1556/08.5BELSB de Tribunal Central Administrativo Sul, 18 de Outubro de 2018
Magistrado Responsável | PEDRO MARCHÃO MARQUES |
Data da Resolução | 18 de Outubro de 2018 |
Emissor | Tribunal Central Administrativo Sul |
i) A intervenção principal, espontânea ou provocada – no caso objecto do presente recurso é provocada -, não é admissível se forem contrapostos os interesses substantivos ou processuais do chamado e da parte ao lado de quem se pretende que intervenha. ii) Nos termos do art. 847.º, nº 1, al. a), do C. Civil, quando duas pessoas sejam reciprocamente credor e devedor, qualquer delas pode livrar-se da sua obrigação por meio de compensação com a obrigação do seu credor, desde que, entre outros requisitos, o seu crédito seja exigível judicialmente e não proceda contra ele excepção, peremptória ou dilatória, de direito material. iii) Nos termos do disposto no número 4 do artigo 15.º do Acordo de 26 de Março de 2003, anexo ao Despacho n.º 25101/2003 (2.ª série), findo o prazo de 100 dias após a data da entrega das facturas das Farmácias, sem devolução do receituário, considera-se este definitivamente aceite pelas ARS. iv) Tendo a ora Recorrente incumprido os prazos de que dependia o reconhecimento das rectificações feitas às facturas emitidas pelas farmácias e desrespeitado os procedimentos legalmente estabelecidos para esse efeito, circunstancialismo factual que se encontra provado nos autos, não existe direito de crédito para exigir o reembolso de...
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