Acórdão nº 5896/01 de Supremo Tribunal Administrativo, 23 de Abril de 2002
Magistrado Responsável: | Fonseca Carvalho |
Data da Resolução: | 23 de Abril de 2002 |
Emissor: | Supremo Tribunal Administrativo |
Não se conformando com a sentença do Tribunal tributário de 1ª Instância de Lisboa que julgou procedente a oposição deduzida por C... contra a execução fiscal contra si instaurada para pagamento da quantia de 13 710 686$00 referente a dividas relativas a taxas de combate à peste suina africana à doença de ruminantes e de comercialização e referentes aos meses de Fevereiro e Março de 1993 veio o IROMA Instituto Regulador e Orientador de Mercados Agrícolas dela interpor recurso para o STA que por acórdão de 04 07 2001 se veio a declarar incompetente em razão da hierarquia julgando competente para conhecer do recurso o TCA.
A recorrente concluiu assim as suas alegações: 1ºNo processo «sub judice» não foi dado como provado que o IROMA tinha liquidado as taxas de peste suina africana ao abrigo do DL 19/79 de 10 02 e 547/77 de 31 12.
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A execução tinha por objecto para além da taxa de peste suina africana a cobrança de taxas dos ruminantes e de comercialização.
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Ao tecer no relatório considerações sobre dois diplomas não citados na sentença relativamente à sua constitucionalidade não tirando consequências na parte dispositiva a sentença recorrida é nula por violação do disposto no artigo 144do CPT.
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Uma taxa cobrada indistintamente sobre produtos nacionais e sobre produtos importados constitui um encargo de efeito equivalente a um direito aduaneiro se o seu produto se destina a financiar actividades de que beneficiem apenas os produtos nacionais onerados e se os benefícios dela decorrente compensarem integralmente o encargo que sobre eles incide.
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Se esses benefícios compensarem apenas uma parte do encargo que incide sobre os produtos nacionais a referida taxa constitui uma imposição interna discriminatória.
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Ambas as situações estão proibidas respectivamente pelos artigos 9º 12º e 95 do Tratado de IROMA 7º Quando as actividades beneficiadas pela taxa beneficiam os produtores nacionais e os produtos externos mas os primeiros obtenham dela um beneficio proporcionalmente mais importante a taxa constitui nessa medida um encargo de efeito equivalente a um direito aduaneiro ou uma imposição interna discriminatória conforme o benefício obtido pelos produtos nacionais onerados compense integralmente ou apenas em parte o encargo suportado.
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Uma das taxas em litígio destinava-se a combater a doença da peste suina africana dos animais existentes em território nacional sem curar de saber se os mesmos eram de origem nacional ou importado 9º Assim ainda que o produto onerado com a taxa exequenda fosse importado esta não constituía uma imposição interna discriminatória com também não constituía encargo de efeito equivalente a um direito aduaneiro tendo em conta o destino proveniente de tal taxa.
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Ao decidir como decidiu o M. Juiz violou o disposto nos artigos 9º e 12 do Tratado de Roma.
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Deve dar-se provimento ao recurso e revogar-se a sentença recorrida julgando-se a oposição improcedente.
Não houve contralegações.
O M.º Pº pronuncia-se pela procedência do recurso.
...
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