Acórdão nº 0557/03 de Supremo Tribunal Administrativo (Portugal), 13 de Maio de 2004
Magistrado Responsável | JOÃO CORDEIRO |
Data da Resolução | 13 de Maio de 2004 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam em conferência, na 1ª Secção do STA: Na sequência da notificação do acórdão de 4-12-03 a fls. 218 e ss. que, concedendo provimento ao recurso jurisdicional interposto da sentença do TAC/C de 5-11-02, absolveu o Estado do pedido contra si formulado na acção, vieram os AA. A... e mulher ..., por si e na qualidade de representantes legais de seu filho ..., arguir a nulidade da decisão, porquanto não foram notificados da apresentação das alegações do recurso interposto pelo Mº Pº, ficando-lhes, assim vedado o direito de contra alegar, ficando, assim violado o princípio do contraditório.
O EMMP respondeu, pedindo o indeferimento do pedido.
Sem outros vistos, dada a simplicidade, vêem os autos à conferência: Defendem os ora reclamantes a ap1icabi1idade da norma do art. 743° do CPC, na redacção introduzida pelo DL 329-A/95 de 12-12, pelo que lhes deveria ter sido notificada a apresentação das alegações de recurso jurisdicional, para lhes ser facultada a oportunidade de exercício do contraditório.
Porém não lhes assiste razão: Recorde-se que o art. 106° da LPTA, em consonância, aliás com o disposto no nº 2 do art.
743° do CPC, na anterior redacção, estabelece que o prazo da apresentação das alegações do recorrido inicia-se com o termo do prazo de apresentação das alegações do recorrente.
Na reforma do CPC, veio este regime a sofrer alteração, passando o prazo de apresentação de tais alegações a contar-se, apenas da notificação da apresentação da minuta do recorrente.
Porém e conforme é entendimento pacífico da jurisprudência deste STA (Cf...
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