Acórdão nº 1907/09.5TBLLE-B.E1.S1 de Supremo Tribunal de Justiça (Portugal), 12 de Novembro de 2020
Data | 12 Novembro 2020 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
Acordam no Supremo Tribunal de Justiça: I – RELATÓRIO AA, Recorrente/Executada, interpôs revista, para o Supremo Tribunal de Justiça, do acórdão do Tribunal da Relação de Évora de 30 de janeiro de 2020, que, julgando a reclamação para a conferência improcedente, manteve o despacho da Relatora, que indeferira a reclamação contra a não admissão do recurso do despacho que julgara improcedente a arguição da nulidade da sua citação.
Não foram apresentadas contra-alegações.
O Tribunal da Relação de Évora admitiu, tabelarmente, o recurso.
Ouvidas as partes, foi proferido o despacho de fls. 116/117, no qual se decidiu não conhecer do objeto do recurso.
Notificada, a Recorrente veio requerer a conferência, nos termos do requerimento de fls. 123 a 134, concluindo pela admissibilidade do recurso.
A parte contrária não se pronunciou.
Corridos os vistos legais, cumpre apreciar e decidir.
II – FUNDAMENTAÇÃO 2.1.
Descrita a dinâmica processual relevante, importa então, em conferência, decidir da admissibilidade da revista.
É manifesto que o acórdão recorrido não se pronunciou sobre a decisão do mérito da causa e também não recaiu sobre decisão que tivesse posto termo ao processo, com a absolvição da instância, como se referiu na decisão reclamada.
A Recorrente, por sua vez, não infirmou, no requerimento apresentado, as razões que justificaram a não admissibilidade da revista.
Por outro lado, mais decisivamente, acresce ainda que, conjugando o disposto nos arts. 643.º, n.º 4, e 641º, n.º 6, ambos do CPC, resulta que o regime de impugnação da decisão do relator, no âmbito da reclamação contra o indeferimento do recurso, apenas contempla a reclamação para a conferência, que, em definitivo, decide da admissibilidade do recurso.
Nestas condições, não é admissível a revista, por falta...
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