Acórdão nº 02303/11.0BEPRT de Tribunal Central Administrativo Norte, 13 de Maio de 2021
Magistrado Responsável | Tiago Miranda |
Data da Resolução | 13 de Maio de 2021 |
Emissor | Tribunal Central Administrativo Norte |
Acordam em conferência os Juízes Desembargadores que compõem a Secção de Contencioso Tributário do Tribunal Central Administrativo Norte:* I - Relatório A Fazenda Pública, apelante nos autos em epígrafe, vem requerer rectificação do que designa como erro material do acórdão emitido em 11/3/2021. Designadamente: 1 - Invocando o disposto no artigo 614º nº 1 e no artigo 607º nº 6 do CPC, pede a rectificação do dispositivo do acórdão quanto a custas, no sentido de ser determinada a proporção do decaimento das partes.
Alega que se trata de um lapso manifesto.
A Recorrida, notificada, nada veio dizer.
II- apreciação do pedido 1 – É evidente que a não de terminação da percentagem concreta do decaimento não resultou de um erro material nem de um lapso.
Quando muito, poderia tratar-se de um erro de direito, a suprir, em caso de não ser admissível recurso, por via de requerimento de reforma da sentença quanto a custas, nos termos do artigo 616º nº 1 do CPC.
Uma vez que a Recorrente apresentou requerimento de recurso de revista, de momento não estão reunidos os pressupostos legais para uma convolação do...
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