Acórdão nº 0329/02 de Supremo Tribunal Administrativo (Portugal), 12 de Março de 2003
Magistrado Responsável | ANGELINA DOMINGUES |
Data da Resolução | 12 de Março de 2003 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam em conferência na 1ª Secção, 3ª Subsecção do Supremo Tribunal Administrativo A..., notificado do acórdão proferido a folhas 180 e seguintes vem arguir a respectiva nulidade invocando que não contra-alegou porque não foi notificado das alegações apresentadas pela recorrente, nos termos do disposto no nº 2 do artigo 743º do Código do Processo Civil, ex vi artigo 102º da L.P.T.A.
Sem razão, porém.
De facto: Dispõe o artigo 106º da L.P.T.A., aprovada pelo Decreto-Lei nº 267/85, de 16 de Julho "É de 20 dias o prazo para apresentação das alegações, a contar, para o recorrente, da notificação do despacho de admissão de recurso e, para o recorrido, do termo do prazo do recorrente, salvo o disposto para os recursos urgentes.
" Ora, este preceito constitui norma especial para os recursos jurisdicionais que correm termos nos tribunais administrativos e, como tal, não há que aplicar, no caso a disposição do artigo 743º nº 2 do Código do Processo Civil, a que o recorrido faz apelo (cf. artigo 102º da L.P.T.A.; ver neste sentido os acórdãos da 1ª Secção recurso nº 43 432 de 16.3.00, recurso nº 42 330 de 23.3.99, do Pleno da 1ª Secção de 20.3.02, recurso nº 43 934).
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