Acórdão nº 464/03.0BTLRS de Tribunal Central Administrativo Sul, 25 de Fevereiro de 2021
Data | 25 Fevereiro 2021 |
Órgão | http://vlex.com/desc1/1998_02 |
RECTIFICAÇÃO DE ACÓRDÃO Acordam, em conferência, os juízes que compõem a 1ª Sub-Secção de Contencioso Tributário do Tribunal Central Administrativo Sul I - RELATÓRIO S..., S.A., notificada do Acórdão proferido nos autos, veio, por requerimento a fls. 386 (SITAF), ao abrigo do preceituado no artigo 614º do CPC, solicitar a rectificação do Acórdão no que se refere à sua identificação.
Invoca, para tanto, que no Acórdão proferido foi identificada como “S..., SA” e não conforme a sua denominação correcta de “ S..., S.A.”, nome adoptado na sequência da incorporação por fusão da “Companhia de Seguros A..., SA”, a qual foi, por sua vez, sucessora da “T... – Companhia de Seguros, S.A.” e da “T... Vida – Companhia de Seguros, S.A.”, como, aliás, se refere a fls. 2 do Acórdão proferido.
Afirma tratar-se de um mero lapso de escrita ou lapso material na transmissão da vontade real dos Juízes Desembargadores, a ser corrigido nos termos permitidos pelo artigo 614º do CPC.
Notificada a AT para, querendo, se pronunciar, nada veio dizer.
Vejamos, então.
Dispõe o artigo 614º do CPC: “Rectificação de erros materiais 1 - Se a sentença omitir o nome das partes, for omissa quanto a custas ou a algum dos elementos previstos no n.º 6 do artigo 607.º, ou contiver erros de escrita ou de cálculo ou quaisquer inexactidões devidas a outra omissão ou lapso manifesto, pode ser corrigida por simples despacho, a requerimento de qualquer das partes ou por iniciativa do juiz. 2 - Em caso de recurso, a rectificação só pode ter lugar antes...
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