Acórdão nº 04S4329 de Supremo Tribunal de Justiça, 04 de Maio de 2005
Magistrado Responsável: | SOUSA PEIXOTO |
Data da Resolução: | 04 de Maio de 2005 |
Emissor: | Supremo Tribunal de Justiça |
Acordam em conferência na secção social do Supremo Tribunal de Justiça: 1.
Na presente acção emergente de acidente de trabalho, a ré "A", S.A., interpôs recurso de revista do acórdão do Tribunal da Relação de Coimbra.
O despacho que admitiu o recurso foi notificado às partes, por registo postal expedido em 22.6.2004 (vide fls. 440) e, em 27.9.2004, a recorrente apresentou electronicamente as suas alegações (vide fls. 443).
Nas contra-alegações, os autores suscitaram a questão prévia da deserção do recurso, alegando que as alegações da recorrente tinham sido apresentadas fora de prazo, uma vez que o prazo de que a recorrente dispunha para tal não fora suspenso no decurso das férias judiciais, dada a natureza urgente dos processos de acidentes de trabalho (art. 26.º do CPT) e dado o disposto no n.º 1 do art. 144.º do CPC.
Neste tribunal, o relator não suscitou qualquer questão, no despacho liminar, relativamente ao conhecimento do recurso, mas o Ex.mo Procurador-Geral Adjunto emitiu parecer no sentido da sua deserção, pelas razões aduzidas pelos autores.
Notificada daquele parecer, a recorrente veio dizer que os processos de acidente de trabalho deixam de ter natureza urgente quando entram na fase de recurso de revista, invocando para tal o disposto no n.º 5 do art. 81.º do CPC que manda aplicar à interposição e alegação do recurso de revista o regime do CPC. E, subsidiariamente, veio requerer que o atraso na apresentação das alegações fosse relevado, alegando justo impedimento do seu mandatário, por ter estado doente de 10 a 30 de Setembro de 2004, conforme atestado médico que juntou.
Pronunciando-se sobre as referidas questões (suspensão do prazo no decurso das férias judiciais e justo impedimento), o relator, no seu despacho de fls. 544, decidiu que as férias judiciais não determinavam a suspensão do prazo para alegar e que, por essa razão, o prazo para a ré alegar terminava no primeiro dia útil após férias, ou seja, em 15.9.2004, podendo, todavia, as alegações ser apresentadas até ao dia 20 seguinte (3.º dia útil após o termo do prazo), nos termos do n.º 5 do art. 145.º do CPC. E mais decidiu que a apresentação das alegações no dia 27.9.2004 implicará a deserção do recurso, salvo se o justo impedimento invocado pela recorrente vier a ser julgado procedente, o que seria decidido depois de ouvida a parte contrária (1) .
Notificados para se pronunciarem sobre o alegado justo impedimento, os autores, apelando ao disposto no n.º 2 do art. 146.º do CPC, vieram dizer que o mesmo não deve ser atendido, por não ter sido invocado logo que cessou (vide fls. 555).
Notificada do requerimento apresentado pelos autores, a recorrente, juntando declaração hospitalar de internamento e atestado médico referentes à pessoa do seu mandatário, veio dizer que as alegações tinham sido apresentadas ainda na pendência do impedimento invocado (vide fls. 556).
Seguidamente, a fls. 564, o relator proferiu despacho (2), ordenando o desentranhamento do requerimento de fls. 556 e dos documentos que o acompanhavam e condenando a ré nas custas do respectivo incidente, fixando a taxa de justiça em 2 UC, decidindo não tomar conhecimento do justo impedimento e julgando deserto o recurso com o fundamento de que as alegações tinham sido apresentadas fora de prazo.
Notificada daquele despacho, a recorrente veio reclamar para a conferência, alegando, em resumo, que: - o seu requerimento de fls. 556 não pode ser considerado como resposta ao requerimento apresentado pelos autores, a fls. 555, uma vez que, quando o mesmo foi apresentado, em 7.2.2005, ela...
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