Acórdão nº 0347/11 de Supremo Tribunal Administrativo, 27 de Julho de 2011
Magistrado Responsável: | VALENTE TORRÃO |
Data da Resolução: | 27 de Julho de 2011 |
Emissor: | Supremo Tribunal Administrativo |
Acordam na Secção de Contencioso Tributário do Supremo Tribunal Administrativo: 1. A…, com os demais sinais nos autos, veio recorrer da decisão do Mm° Juiz do TAF de Braga que julgou deserto o recurso por si interposto da decisão do órgão da execução fiscal que lhe indeferiu o pedido de prescrição das dívidas exequendas, apresentando, para o efeito, alegações nas quais conclui: 1ª) - A Recorrente deduziu reclamação contra a penhora de 1/6 do seu vencimento.
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) - Recebida a contestação, foi a Reclamante notificada para responder à matéria de excepção ali vertida.
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) - Foi, entretanto, proferida douta decisão que julgou improcedente a reclamação.
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) - Desta decisão foi interposto recurso que viria a ser julgado deserto devido ao facto do mesmo não ter sido acompanhado das alegações.
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) - A sustentar esta douta decisão, invoca o Mm°. Juiz a quo o normativo previsto nos art°s 283° e 282°, n°. 4, ambos do CPPT. Simplesmente, 6ª) - Não está deferida e muito menos decidida se a reclamação deveria seguir as regras do processo urgente ou não.
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) - A Recorrente entende que o facto que foi objecto da reclamação inicial (penhora de 1/6 do seu vencimento) se enquadra no normativo previsto no n°. 1 do art°. 278° do CPPT e não no seu n°. 3.
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) - Mesmo que se enquadrasse neste n°. 3, sempre deveria ser proferida decisão prévia quanto à questão do processo ser urgente ou não.
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) - Tendo a Recorrente sido convidada a pronunciar-se sobre tal questão, ficou a aguardar-se que o Tribunal tomasse uma posição.
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) - Como nada ficou decidido quanto à questão em apreço - do prejuízo irreparável - e tendo em consideração que este já se encontra “consumado” por força da penhora de 1/6 do vencimento, a Recorrente entendeu que se estava em presença de um processo normal. Ora, 11ª) - Como refere o CPPT anotado, da autoria de Alfredo João de Sousa e José da Silva Paixão, os processos urgentes previstos no art° 283° são o arresto (art°. 136°), o arrolamento (art°. 140º), a impugnação dos actos de apreensão de bens (art°. 143°, n°. 2) e a impugnação das providências cautelares adoptadas pela Administração Tributária (art°. 144°, n°. 3).
Assim sendo - e salvo melhor opinião, a douta decisão que não admitiu o recurso viola, entre outros normativos, o previsto nos art°s 281° e 282°, não se inserindo no previsto no art°. 283°, todos do CPPT.
Por isso, admitindo-se o presente recurso farão V. Exªs Senhores Juízes Conselheiros a costumada Justiça.
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O M°P° emitiu o parecer de fls. 192 no qual se pronuncia pela improcedência do recurso, com os seguintes fundamentos: A reclamante sempre fundamentou o seu pedido no sentido de existir prejuízo irreparável, quer com base no enquadramento na alínea b) do n° 3 do art° 278° do CPPT, quer em sede de alegações por lhe ter sido efectuada penhora de 1/6 do salário.
Apesar de não existir nenhuma decisão a classificar o processo como...
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