Acórdão nº 0542/15 de Supremo Tribunal Administrativo (Portugal), 20 de Outubro de 2015
Magistrado Responsável | FONSECA DA PAZ |
Data da Resolução | 20 de Outubro de 2015 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
ACORDAM NA SECÇÃO DE CONTENCIOSO ADMINISTRATIVO DO STA: A “A……………, S.A.”, notificada do acórdão deste tribunal que concedeu provimento ao recurso que havia sido interposto pelo Município da Lousã, veio, ao abrigo do art.° 616.°, do CPC, pedir a sua reforma, alegando que resultava dos factos provados e do processo instrutor que, quando foi carregada na plataforma electrónica a declaração de aceitação do conteúdo do caderno de encargos, B…………… já era titular dos poderes bastantes para o fazer, pelo que a sua proposta não podia ter sido excluída à luz dos arts. 57.º, nº. 4 e 146.°, n.° 2, alínea e), do CCP, sendo admissível, nos termos do art.° 72.°, do mesmo diploma legal, a junção da procuração necessária na fase da audiência prévia.
A parte contrária não de pronunciou sobre este pedido.
Cumpre decidir.
No acórdão objecto do presente pedido de reforma, entendeu-se que não se configurava uma situação de mera falta de poderes representativos já existentes e que, face ao regime imperativo que resultava da conjugação dos citados arts. 57º, n.° 4 e 146.°, n.°2, alínea e), a exclusão da proposta da A. era uma consequência necessária de a declaração de aceitação do conteúdo do caderno de encargos não estar assinada por um seu representante com poderes para a obrigar, não podendo, por isso, o júri solicitar esclarecimentos ao abrigo do art.° 72.° do CCP nem admitir que, em sede de audiência prévia, fosse sanada a falta verificada, por o direito de audiência não poder servir para juntar documento que era inicialmente exigível. Considerou-se ainda que, não se tratando do incumprimento uma formalidade inócua ou...
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