Acórdão nº 0658/13 de Supremo Tribunal Administrativo (Portugal), 24 de Outubro de 2013
Magistrado Responsável | ALBERTO AUGUSTO OLIVEIRA |
Data da Resolução | 24 de Outubro de 2013 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam na Secção do Contencioso Administrativo do Supremo Tribunal Administrativo: 1.
1.1.
A Freguesia de Famões vem reclamar do despacho de fls. 85/90, na parte em que a condenou em custas.
1.2. Na presente acção administrativa especial instaurada contra a Assembleia da República, a Freguesia de Famões pedia a declaração de nulidade ou a anulação do acto que a extinguiu, consubstanciado na Lei 11-A/2013, de 28 de Janeiro.
Ora, no despacho sob reclamação julgou-se a jurisdição administrativa incompetente em razão da matéria para conhecer da presente acção, absolveu-se da instância a Assembleia da República e condenou-se a autora nas custas.
1.3. Segundo a reclamante, «O despacho reclamado erra ao aplicar o direito quando decide não isentar de custas a A, apesar de toda a economia da Petição inicial resultar demonstrado que o recurso à presente via judicial se acha previsto na alínea g) do nº 1 do artigo 4º do RCP, como aliás já decidiu de forma maioritária e cientificamente brilhante, o próprio STA».
1.4. A Assembleia da República, na contestação, sustentara que a autora não está isenta de custas, não se tendo pronunciado, agora, sobre a reclamação.
Cumpre apreciar e decidir.
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No despacho sob reclamação, disse-se, no segmento sobre as custas: “Quanto ao pedido de isenção de custas, também se perfilha a jurisprudência que o citado acórdão de 24 de Abril de 2013, processo 417/13, adoptou na providência requerida pela Autora: «Afigura-se, conforme se ponderou no acórdão de 9.1.2013, processo 1341/12, em situação assimilável à presente, a Freguesia não actua neste processo em defesa dos direitos fundamentais dos cidadãos, nem de...
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