Acórdão nº 1791/04.5TBPBL-C.C1.S1 de Supremo Tribunal de Justiça (Portugal), 13 de Julho de 2022
Magistrado Responsável | MARIA DA GRAÇA TRIGO |
Data da Resolução | 13 de Julho de 2022 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
Acordam em Conferência no Supremo Tribunal de Justiça 1.
Notificada do acórdão de 24 de Maio de 2022, veio a R. AA requerer, ao abrigo do art. 615.º, n.º 1, alínea c), do Código de Processo Civil, a eliminação da “ambiguidade que, sob renovado respeito, se afigura de molde a comprometer a inteligibilidade do douto Acórdão”, sendo “o mesmo «aclarado» ou reformado no sentido de ser definido qual é, concretamente, a base de incidência do I.V.A. a entregar à Autora, preconizando que o mesmo apenas pode incidir sobre o capital de 27.952,42€, sejam 6.429,06€ de I.V.A. e, porque não lançada ainda factura pela Autora (compreensivelmente, à vista da discussão espelhada nos autos), que sobre aquela quantia de I.V.A. só se vencerão juros após emissão da mesma”.
A A. pronunciou-se no sentido do indeferimento do requerimento e, subsidiariamente, de uma outra forma de calcular o IVA devido.
Vejamos.
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Pelo acórdão ora reclamado foi proferida a seguinte decisão: «Pelo exposto, julga-se o recurso procedente, salvo quanto ao alcance da solidariedade da dívida nos termos explanados no ponto 7., revogando-se a decisão do acórdão recorrido e decidindo-se condenar solidariamente, a pagar à autora, a quantia de €27.952,42, acrescida dos juros, à taxa legal, vencidos desde 13.03.2012 até 01.09.2016, e ainda dos juros vincendos, sobre a totalidade dessa quantia, até efectivo e integral pagamento, a que acrescerá o IVA que for devido: a) Os réus BB e AA, que respondem até ao limite dos bens que integram a herança de CC, deduzida, por efeito da compensação julgada procedente, do montante de € 765,00; b) As rés DD e EE, que respondem até ao limite dos...
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