Acórdão nº 00181/04 de Supremo Tribunal Administrativo (Portugal), 22 de Setembro de 2004
Magistrado Responsável | Xavier Forte |
Data da Resolução | 22 de Setembro de 2004 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
A fls. 57 , dos autos , o Mmº Juiz do TAF de Loulé refere que , na sequência do ofício de fls. 51 , dos autos - em que o ilustre mandatário do requerente ficou notificado para juntar o suporte informático , uma vez que o mesmo não acompanhava , embora referido , o requerimento apresentado no pretérito dia 11 do mês de Fevereiro , p.p. - o requerente veio juntar a fls. 52 a 56 , via electrónica , requerimento e alegações , nos termos do artº 144º, do CPTA , que diferem a partir do artº 7ºe ss do requerimento e alegações apresentados a fls. 45 a 49 e que já foram notificadas à requerida, em obediência ao artº 145º , nº 1 , do CPTA .
Assim , o Mmº juiz « a quo » determinou que fossem desentranhados os docs. de fls. 52 a 56 dos presentes autos e fixou as custas , a cargo do requerente , no valor de 2UC´s - vide artº 16º , do CCJ .
A fls. 66 , o requerente veio interpor recurso do despacho , de fls. 64 e verso , que decidiu manter a sua condenação em 2 UC´s .
Apresentou as suas alegações de fls. 67 e ss , com as respectivas conclusões de fls. 73 a 74 .
No seu douto parecer , de fls. 137 , o Sr. Procurador-Geral Adjunto entendeu que o recurso do despacho de fls. 64 não tem qualquer fundamento , pois a tributação em custas de 2UC`s foi fixada ao abrigo do disposto no artº 16º , nº 1 , do CCJ , face ao incidente despoletado pelo requerimento de fls. 45 e suas subsequentes repercussões processuais .
Decidindo , entendemos que tem razão o Mmº Juiz « a quo » , bem como o Mº Pº .
Na verdade , o requerimento de fls. 45 , de interposição de recurso , da sentença , de fls. 4 a 6 , no...
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