Acórdão nº 0198/07.7BEPNF de Supremo Tribunal Administrativo (Portugal), 13-01-2022
Data de Julgamento | 13 Janeiro 2022 |
Ano | 2022 |
Número Acordão | 0198/07.7BEPNF |
Órgão | Supremo Tribunal Administrativo - (1 SECÇÃO) |
Por acórdão deste STA de 18/11/2021, já transitado em julgado, foi negado provimento à revista interposta pelo Município de Castelo de Paiva e confirmado, embora com uma fundamentação jurídica distinta, o acórdão do TCA-Norte que, revogando a sentença do TAF, julgou parcialmente procedente a acção administrativa comum intentada, contra aquele Município, por A……………. e mulher, B……………. condenando o R. a pagar a estes a indemnização de € 34.450,00.
Em 11/12/2021, os AA., invocando que o acórdão padecia de um lapso de escrita, vieram, ao abrigo do art.º 614.º, do CPC, solicitar a sua rectificação, “substituindo o valor dos prejuízos demonstrados de € 31.900,00 para € 34.450,00”, daí “resultando a obrigação da R. pagar aos AA. a quantia de € 39.526,00 – naturalmente acrescida dos juros contados desde 03.07.2020”.
Pronunciando-se sobre este requerimento, o aludido Município invocou a sua extemporaneidade, por o acórdão ter transitado em julgado no dia 10/12/2021.
Cumpre decidir.
Resulta dos nºs. 1 e 3 do art.º 614.º do CPC que, não existindo recurso, a sentença pode ser rectificada a todo o tempo quando contenha erros de escrita ou de cálculo ou quaisquer inexactidões devidas a outras omissões ou lapso manifesto.
Assim, embora a rectificação possa ocorrer após o trânsito em julgado da sentença, ela só pode ter lugar quando exista um erro material que emerge do próprio contexto da decisão (cf. art.º 249.º, do C. Civil), ou seja, é necessário que do conteúdo da decisão ou dos termos que a precederam se depreenda claramente que o julgador escreveu coisa diversa do que queria...
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