Acórdão nº 00140/04 de Supremo Tribunal Administrativo, 29 de Junho de 2004
Magistrado Responsável: | Pereira Gameiro |
Data da Resolução: | 29 de Junho de 2004 |
Emissor: | Supremo Tribunal Administrativo |
I - Júlia ....
, inconformada com o despacho de fls. 14 que determinou a notificação da ora recorrente para efectuar o pagamento da taxa de justiça inicial acrescido do montante previsto no n.º 1 do art. 18 do Regulamento das Custas dos Processos Tributários aprovado pelo DL 29/98, de 11.2, recorre do mesmo para este Tribunal pretendendo a sua revogação e substituição por outro que, eventualmente, deverá dispensar a recorrente da taxa de justiça inicial.
Nas suas alegações de recurso formula as conclusões seguintes:
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Tendo sido concedido à requerente apoio judiciário e tendo ainda sido nomeado à requerente o patrono oficioso que subscreve estas alegações, a requerente ficou convencida que o seu apoio judiciário compreendia, como refere a lei ( art. 15 n° l do DL 387-B/87 ) a dispensa, total de preparos e do pagamento de custas, assim como do pagamento dos serviços do advogado, conforme refere o n° 2 deste art. 15 a dispensa de pagamento, pelo utente, dos serviços de advogado ou solicitador deve ser expressamente requerida.
b) Se só a dispensa de pagamento, pelo utente, dos serviços de advogado ou solicitador deve ser expressamente requerida, por interpretação à contrário, a dispensa, total de preparos e do pagamento de custas, ou o seu diferimento, não é necessário que seja expressamente requerida, entendendo-se que a concessão de apoio judiciário implica necessariamente a dispensa, total de preparos e do pagamento de custas, ou o seu diferimento.
c) Estando a decorrer o termo do prazo de pagamento da taxa de justiça e tendo, a alegante, entretanto, requerido, também, por mera cautela, dispensa total de preparos e do pagamento de custas, segundo o art. 24 n° 2 do referido D.L. que diz expressamente que " O prazo que estiver em curso no momento da formulação do pedido interrompe-se por efeito da sua apresentação e reinicia-se a partir da notificação do despacho que dele conhecer", o despacho que foi favorável deve abranger necessariamente ex lege a dispensa da referida taxa de justiça inicial.
d) Estando já demonstrado nos autos a insuficiência económica da requerente, não tendo esta rendimentos para pagar esta taxa, pois é na realidade paupérrima, fica impedida de ter acesso aos tribunais, sendo evidente a contradição entre os factos dados como provados no recorrido despacho ( insuficiência económica ) e a fundamentação legal ( art. l n°l, art. 7 n° l e art. 15 do citado D.L.).
e) Acresce ainda que, segundo o principio da celeridade...
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