Acórdão nº 6854/18.7T8PRT-F.P1.S1 de Supremo Tribunal de Justiça, 11 de Novembro de 2020
Magistrado Responsável: | ABRANTES GERALDES |
Data da Resolução: | 11 de Novembro de 2020 |
Emissor: | Supremo Tribunal de Justiça |
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Foi proferida a seguinte decisão singular: “Foi proferido o acórdão da Relação de 11-2-20.
Em 28-2-20 foi deduzido o incidente de reforma que foi objeto de novo acórdão de 16-6-20. Foi entretanto interposto recurso de revista daquele acórdão em 19-6-20.
Independentemente de outros aspetos a considerar para efeitos de admissibilidade da revista, evidencia-se, como fator que impede a apreciação de tal recurso, a extemporaneidade do requerimento de interposição do recurso.
Com efeito, há muito se encontra ultrapassada a solução que permitia a introdução de um incidente de reclamação de nulidades ou de pedido de reforma entre a decisão recorrida e o requerimento de interposição de recurso.
O disposto nos arts. 615º, nº 4, e 616º, nº 2, do CPC, não deixa qualquer margem para dúvidas quanto à necessidade de introduzir o pedido de reforma ou a arguição de nulidades da decisão no próprio recurso.
Tão pouco suscita dúvidas o art. 638º, nº 1, a respeito do início da contagem do prazo de interposição de recurso.
Neste contexto, é manifesta a extemporaneidade do requerimento de interposição do recurso de revista.
Por conseguinte, nos termos do art. 641º, nº 2, al. a), não se admite tal recurso.
Custas da revista a cargo do recorrente”.
Alega o recorrente, no essencial, que: Em sede de dimensão normativa constitucional não podemos, então, concordar com a interpretação que efetuou dos arts. 615º, nº 4, e 616º nº 2 e do art. 638º do CPC, pois o primeiro acórdão não tinha a definitividade necessária - pois foi reclamado - para se recorrer, a questão lançada pelo R., era de enorme importância - sustentava-se (a reclamação) em prova documental- arguida abertamente - e violação do princípio da confiança jurídica – aqui tacitamente.
Aliás em sede de recorribilidade em sede de recurso de fiscalização concreta para o Trib. Const. é inadmissível um recurso antes das nulidades/reclamações estarem decididas.
A interpretação do R. vai no sentido de que, havendo reclamação nos termos efetivados pelo mesmo no âmbito dos arts. 615º, nº 4, e 616º, nº 2, do CPC, suspende o prazo recursório do art. 638º do mesmo corpo legal.
Pelo que se impugna essa norma e interpretação normativa de dimensão constitucional é aquela que estabelece que «o prazo de interposição de recurso da Revista não se interrompe ou suspende por força do pedido de reclamação/arguição nulidade de acórdão recorrido formulado por um dos recorrentes, contando-se a partir da data da notificação de tal...
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