Acórdão nº 01194/02 de Supremo Tribunal Administrativo, 06 de Outubro de 2005
Magistrado Responsável | CÂNDIDO DE PINHO |
Data da Resolução | 06 de Outubro de 2005 |
Emissor | Supremo Tribunal Administrativo |
Acordam no Pleno da 1ª Secção do STA I- Relatório O Senhor Ministro da Agricultura, Desenvolvimento Rural e Pescas, inconformado com o acórdão da 1ª Subsecção que, concedendo provimento ao recurso contencioso ali interposto por A...
e outros do despacho conjunto do ora recorrente e do Secretário de Estado do Tesouro e Finanças que, no âmbito da aplicação das leis da Reforma Agrária, lhes fixou a indemnização definitiva relativamente à quota que cada um tinha nas Herdades ..., freguesia da Nossa Senhor a da Expectação, concelho de Campo Maior, recorre jurisdicionalmente para o Pleno da Secção.
Nas alegações respectivas, apresentou as seguintes conclusões: «1ª -A existência de exploração de culturas em regime de campanha afasta a existência de uma exploração directa, permanente, pelos proprietários.
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-Existindo contratos de campanha, a exploração dos proprietários resume-se ao aproveitamento dos restolhos da cultura principal.
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-A indemnização dos proprietários pela privação temporária do uso e fruição do seu património, entretanto devolvido, corresponde ao rendimento líquido dos bens durante a privação -n° 1 do art° 5º do DL n° 199/88, na redacção dada pelo DL n° 38/95, de 14.02.
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-Existindo contratos de campanha, o rendimento líquido corresponde à renda paga pelos seareiros e ao decorrente da exploração directa dos restolhos.
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-O douto acórdão recorrido, na medida em que considerou como exploração directa dos proprietários a exploração por seareiros, violou o n° 1 do art° 5º supra identificado.
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-Igualmente está ferido de erro de julgamento da matéria de facto, a decisão recorrida, pois a inexistência de exploração directa permanente dos proprietários é aceite pelos próprios proprietários recorrentes.
Termos em que, deve o presente recurso jurisdicional ser julgado procedente e, em consequência ser revogado o douto acórdão na parte recorrida, com as legais consequência nomeadamente, a da confirmação do despacho que fixou a indemnização dos recorrentes tendo em conta a exploração directa dos restolhos feita pelos recorrentes, e a renda que, relativamente à mesma área lhe era paga pelos seareiros».
Alegaram, igualmente, os recorrentes contenciosos, tendo apresentado as seguintes conclusões: «1ª O Acórdão em crise não padece de qualquer vício pelo que não deve ser objecto de revogação.
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Quanto ao vício de violação de lei - art. 5º, nº1, do DL nº 199/88, na redacção dada pelo DL nº 38/95 de 14/2 - o mesmo não existe porquanto os recorridos particulares exploravam o património em causa directamente.
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Quanto ao alegado vício de Erro de Julgamento o mesmo também não colhe porquanto os Recorridos Particulares jamais admitiram que não exploravam directamente o prédio em causa.
Termos em que deve o presente recurso jurisdicional improceder e, em consequência...
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