Acórdão nº 01205/03 de Supremo Tribunal Administrativo (Portugal), 05 de Maio de 2004
Magistrado Responsável | J SIMÕES DE OLIVEIRA |
Data da Resolução | 05 de Maio de 2004 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam na Secção de Contencioso Administrativo do Supremo Tribunal Administrativo, 3ª Subsecção:- I -A JUNTA DE FREGUESIA DE BAIÕES reclamou para o Ex.mo Presidente do Tribunal do despacho do relator, a fls. 225, que não admitiu, por extemporaneidade, o recurso para o Pleno da Secção, interposto, com fundamento em oposição de julgados, do acórdão da subsecção de fls. 143.
Pelo seu despacho de fls. 239, o Ex.mo Presidente do S.T.A. mandou convolar a dita reclamação em reclamação para a conferência.
Sem vistos, vêm os autos à sessão de julgamento, para que sobre a matéria recaia um acórdão.
O despacho reclamado assentou no pressuposto de que o acórdão impugnado já havia transitado em julgado, em virtude de ter igualmente transitado em julgado o acórdão do Tribunal Constitucional que decidiu não tomar conhecimento do recurso que daquele acórdão havia sido interposto.
A reclamante, porém, defende que, nos termos do art. 80º, nº 4, da Lei Orgânica do Tribunal Constitucional, transitada em julgado a sua decisão, se inicia novo prazo para o recurso.
Efectivamente, sob a epígrafe "efeitos da decisão", aquele preceito estabelece o seguinte: 4 - Transitada em julgado a decisão que não admita o recurso ou lhe negue provimento, transita também a decisão recorrida, se estiverem esgotados os recursos ordinários, ou começam a correr os prazos para estes recursos, no caso contrário.
No Ac. do T.C. de 3.10.2000, proc.º nº 501/2000, discorrendo sobre caso semelhante, escreveu-se: "A imediata interposição do recurso de constitucionalidade, num tal caso, não priva a parte do direito de, posteriormente, interpor...
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