Acórdão nº 174/14.3TTVLG.P1.S1 de Supremo Tribunal de Justiça (Portugal), 08 de Junho de 2021
| Data | 08 Junho 2021 |
| Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
Processo n.º174/14.3TTVLG.P1.S1 Recurso de revista Acordam na Secção Social do Supremo Tribunal de Justiça (conferência) A Recorrente TKW Cargo (Portugal) Ldª veio reclamar para a conferência da decisão singular de indeferimento do recurso de revista interposto em virtude de o valor da sucumbência não ultrapassar metade da alçada deste Tribunal. Alega que apresentou subsidiariamente recurso de revista excecional, ao abrigo do artigo 672, n.º 1 al c) do CPC, pelo que devia ser admitido como tal.
Apreciando Não se nos afigura que a Recorrente tenha razão.
Vejamos.
A relação da revista excecional com a revista interposto nos termos gerais impõe que a admissão do recurso por aquela via, para além do preenchimento de pressupostos específicos, dependa, em primeiro lugar, do preenchimento das condições gerais de admissibilidade do recurso de revista, decorrentes do n.º 1 do artigo 671.º do CPC e n.º 1 do artigo 629.º do mesmo Código, o que significa, que só é possível a admissão do recurso de revista excecional se estiverem preenchidos os pressupostos gerais de admissão da revista, não sendo esta possível pela existência de uma dupla conforme.
No caso, o valor da causa foi fixado em € 47 133,76, no despacho de fls.1854 vº, que é um valor superior ao valor da alçada do Tribunal da Relação - € 30.000,00 – art.º 44.º, n.º 1 da Lei de Organização do Sistema Judiciário.
No entanto, a sucumbência da Recorrente/Ré é no valor de € 7.740,24, dado que o Tribunal da Relação condenou a Ré no valor € 7.960,20, quando a própria Ré, em sede de recurso de apelação, admitiu ter de pagar ao Autor a quantia € 219,96.
Dispõe o art. 629.º, n.º 1 do Código de Processo Civil: O recurso...
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