Acórdão nº 0454/11.0BEPDL de Supremo Tribunal Administrativo (Portugal), 08 de Abril de 2021
Magistrado Responsável | TERESA DE SOUSA |
Data da Resolução | 08 de Abril de 2021 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam no Supremo Tribunal Administrativo Município da Horta, Recorrente no presente recurso excepcional de revista, no qual foi proferido acórdão, datado de 18.02.2021, vem, nos termos do disposto no art. 616º do CPC, requerer a reforma daquele acórdão quanto a custas, dispensando o Recorrente do pagamento do remanescente da taxa de justiça em todas as instâncias.
Notificado do requerimento o Requerido nada disse.
Cumpre decidir.
No acórdão que neste recurso excepcional de revista foi proferido, em termos de apreciação liminar sumária pela formação a que se refere o nº 6 do art. 150º do CPTA, foi deliberado não admitir o recurso por falta da verificação dos respectivos requisitos legais, com a consequente condenação do Recorrente – o aqui Requerente -, nas respectivas custas.
O Município da Horta pretende agora, através do presente pedido, que face ao valor da causa (superior a € 275.000,00) este Tribunal proceda à reforma das custas por forma a dispensá-lo do pagamento do remanescente da taxa de justiça, nos termos do disposto no nº 7 do art. 6º do RCP.
Esta Formação já se pronunciou recentemente sobre pedido de reforma quanto a custas com fundamento semelhante ao presente, em revista que não foi admitida [embora ali tenha sido a recorrida a formular o pedido nos termos do nº 7 do art. 6º do RCP], no acórdão de 20.10.2020, Proc. nº 01692/19.2BELSB, nos seguintes termos, com os quais concordamos integralmente: «No seu segmento propriamente decisório, o aresto não admitiu a revista e atribuiu as custas à recorrente. Ora, é desde logo óbvio que a recorrida não tem legitimidade para pedir reforma de uma condenação em custas que unicamente onerou a parte contrária. Mas não lhe negaremos legitimidade para solicitar em seu proveito...
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