Acórdão nº 0148/06 de Supremo Tribunal Administrativo, 18 de Outubro de 2007
Magistrado Responsável: | CÂNDIDO DE PINHO |
Data da Resolução: | 18 de Outubro de 2007 |
Emissor: | Supremo Tribunal Administrativo |
Acordam no Pleno da Secção de Contencioso Administrativo I- Relatório A... recorre para o Pleno da Secção de Contencioso Administrativo do acórdão da 1ª Subsecção - que negou provimento ao recurso por si interposto do acórdão do TAC de Coimbra, o qual, por falta de alegações, havia julgado deserto o recurso contencioso por si intentado da deliberação do Conselho de Administração do Instituto Nacional da Farmácia e do Medicamento (Infarmed) - por o considerar em oposição com o acórdão deste mesmo STA proferido no âmbito do Proc. nº 046677, de 29/10/2002.
* Admitido o recurso por decisão intercalar de fls. 379/381, foram as partes notificadas para apresentarem alegações, o que fizeram.
* A recorrente concluiu as suas do seguinte modo: «a) As notificações efectuadas pelas secretarias judiciais desempenham um papel relevante na tramitação do processo não podendo as mesmas reconduzir-se a um mero acto burocrático de envio aos mandatários judiciais da cópia de despachos sem curar de saber o seu conteúdo; b) É paradoxal que se utilize o argumento adoptado no acórdão recorrido de que os destinatários das notificações são "advogados ou licenciados em direito (...) portanto, com conhecimento da tramitação processual e dos seus ónus e preclusões" quando, perante notificações em que se indique um prazo para a prática de um acto processual superior ao prazo legalmente previsto constitui doutrina e jurisprudência pacificas que se trata de um erro da secretaria judicial de que as partes se podem prevalecer, tendo em conta o disposto no nº 6 , do artigo 161º do CPC; c) Se, nessas situações, se aceita que prevalece o prazo indicado pela secretaria, independentemente dos conhecimentos jurídicos dos mandatários destinatários da notificação, então porque razão, perante um despacho com o teor cumpra-se o disposto no art. 67º do RSTA, a presunção do conhecimento jurídico médio dos destinatário é chamado à colação? d) A verdade é que, nos presentes autos, o que está efectivamente em causa é uma omissão da secretaria judicial que, no impresso da notificação, não assinalou o campo existente relativo à notificação para alegações, ao arrepio da prática auto-instituída pela secretarias judiciais, tal como acutilantemente observou o Juiz, Conselheiro J. Simões de Oliveira em declaração de voto no acórdão do STA, de 02.10.2004, Proc. 520/02-13; e) Em situação precisamente inversa à dos presentes autos, o Acórdão do Pleno da 1ª Secção do STA, de 29.06.2004, Proc. nº 46.542/02, não deixou de dar o devido relevo jurídico à prática sistematicamente adoptada pelas secretarias judiciais de assinalar no impresso das notificações o campo existente de notificação para alegações; f) A boa decisão do presente recurso jurisdicional deverá assim sufragar a doutrina ínsita no acórdão fundamento e concluir que a correcta execução de um despacho que manda cumprir o artigo 67º do RSTA exige que na notificação efectuada pela secretaria judicial se assinale o espaço existente relativo à notificação para...
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