Acórdão nº 0291353 de Supremo Tribunal Administrativo (Portugal), 24 de Fevereiro de 1993 (caso None)
Magistrado Responsável | LEONARDO DIAS |
Data da Resolução | 24 de Fevereiro de 1993 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: RECL PRESIDENTE.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: DL 78/87 DE 1987/02/17 ART7. CPP29 ART1 PARÚNICO ART645 ART649 ART652. CPP87 ART523 N2. CPC67 ART676 ART687 N3 ART688 ART741. CCJ62 ART190 ART192 N1.
Sumário: I - "In casu", o despacho, de que se reclama para o Exmo. Presidente do Supremo Tribunal de Justiça, declarou sem efeito o requerimento de interposição do recurso, por não ter sido paga a taxa de justiça devida, no prazo de sete dias posteriores à sua apresentação. II - Sendo o pagamento dessa taxa condição prévia do conhecimento da questão da admissibilidade (a sua falta importa a ineficácia da interposição, mas, a sua verificação não obsta a uma decisão no sentido da inadmissibilidade), é manifesto que, ao declarar o requerimento sem efeito, pela única razão de se não mostrar satisfeita tal condição, o Juiz não chega a conhecer da própria questão de admissibilidade; quer dizer: esse despacho não é um despacho de não admissão do recurso. Consequentemente, o meio correcto de impugnação utilizável seria o recurso (cf., Ac STJ de 1981/06/17, in BMJ n. 308 pág. 154), após reclamação do despacho, sim, mas, para a conferência e se esta o ratificasse (artigo 700, n. 3 e 4, do Código de Processo Civil). III - Todavia, por ser o destinatário da reclamação, só ao Exmo. Presidente do Supremo Tribunal de Justiça cabe decidir esta questão. Logo, nos termos do artigo 688, n. 3, do Código de Processo Civil, passa, apenas, a decidir-se se o despacho reclamado deve ou não ser confirmado. IV - Pela interposição de recurso, é devida a taxa de justiça de 1000 escudos (artigo 190 do Código das Custas...
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