Acórdão (extrato) n.º 652/2017
Data de publicação | 16 Fevereiro 2018 |
Seção | Parte D - Tribunais e Ministério Público |
Órgão | Tribunal Constitucional |
Acórdão (extrato) n.º 652/2017
Processo n.º 251/17
III - Decisão
3 - Face ao exposto, decide-se:
a) Não julgar inconstitucional a norma do 27.º, n.º 6, do Regulamento das Custas Processuais (com referência à norma do artigo 672.º, n.º 4, do Código de Processo Civil), em articulação com a norma do artigo 531.º do Código de Processo Civil, na interpretação segundo a qual não cabe recurso de um acórdão do Supremo Tribunal de Justiça, proferido pela formação prevista no artigo 672.º, n.º 3, do Código de Processo Civil, que condene uma parte em taxa sancionatória excecional;
b) Julgar inconstitucional a norma contida no artigo 531.º do Código de Processo Civil, na interpretação segundo a qual a decisão constante de um acórdão do Supremo Tribunal de Justiça, proferido pela formação prevista no artigo 672.º, n.º 3, do Código de Processo Civil, que condene uma parte em taxa sancionatória excecional não tem de ser precedida da audição da parte interessada;
c) Determinar a remessa do processo ao Supremo Tribunal de Justiça, a fim de que este reforme a decisão em conformidade com o decidido em "b)"; e
d) Não tomar conhecimento do objeto de recurso relativamente às demais questões suscitadas.
Custas pelo Recorrente, fixando-se a taxa de justiça em dez unidades de conta (artigos 6.º, n.º 1, e 9.º, n.º 1, do Decreto-Lei n.º 303/98, de 7 de outubro, tendo em conta o vencimento parcial da pretensão recursória).
Lisboa, 11 de outubro de 2017. - José Teles Pereira - Maria de Fátima Mata-Mouros - João Pedro Caupers - Cláudio Monteiro - Manuel da Costa Andrade.
Texto integral do Acórdão disponível no sítio eletrónico do Tribunal Constitucional:
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