Acórdão nº 01643/02 de Supremo Tribunal Administrativo, 26 de Fevereiro de 2003
Magistrado Responsável: | ALMEIDA LOPES |
Data da Resolução: | 26 de Fevereiro de 2003 |
Emissor: | Supremo Tribunal Administrativo |
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Relatório Não se conformando com o despacho de fls. 90 e 90-v proferido pelo Tribunal Tributário de Coimbra, que considerou não ter havido recurso pela Fazenda Pública da sentença de fls. 66 e seguintes, dele recorreu o Ministério Público para este STA (fls. 95). Mas porque o tribunal de 1ª instância proferiu o primeiro despacho de fls. 96, deste também recorreu o MºPº para este STA, a fls. 97.
O MºPº recorrente apresentou alegações a fls. 98 e seguintes, nas quais concluiu que o primeiro despacho recorrido está errado na medida em que a Fazenda Pública podia limitar-se a apresentar as alegações de recurso dentro do prazo para recorrer, independentemente da apresentação ou não do requerimento de interposição.
Em contra-alegações, os oponentes A... e B... sustentaram o despacho recorrido.
Neste STA, o processo foi aos vistos, pelo que cumpre decidir a questão de saber se o despacho recorrido deve ser confirmado ou reformado.
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Fundamentos As ocorrências a tomar em consideração para decidir este recurso são as seguintes: - em processo de oposição à execução fiscal, em que eram oponentes A... e B..., o Tribunal Tributário de Coimbra proferiu a sentença de fls. 66 e seguintes, a julgar procedente a oposição; - em 11.10.2000, ainda antes de ser notificada dessa sentença, notificação que apenas ocorreu em 19.10.2000 (fl. 75-v), a Fazenda Pública apresentou as alegações de fls. 76 e seguintes, referentes a um recurso da sentença para o TCA, mas não apresentou requerimento de interposição do recurso; - tomando conhecimento dessas alegações, os oponentes apresentaram o requerimento de fls. 86 e seguintes, requerendo a declaração de inexistência do recurso por falta do respectivo requerimento de interposição; - por despacho de fls. 90 e 90-v, o Tribunal Tributário de Coimbra decidiu que por falta de apresentação do requerimento de interposição do recurso, independentemente das alegações apresentadas pela FªPª, não existia recurso contra a sentença, pelo que esta tinha transitado em julgado, daí tendo mandado o processo para correição; - somente no visto para correição o MºPº tomou conhecimento do despacho de fls. 90 e 90-v, tendo logo arguido a nulidade da falta da sua notificação e pedido uma cópia dactilografada do despacho em causa; - depois, o MºPº arguiu a nulidade para o tribunal de 1ª instância (fl. 94) e recorreu do despacho para este STA (fl. 95); - quanto ao requerimento de arguição de nulidade, o Tribunal de 1ª instância conheceu dele e...
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