Acórdão nº 14/15 de Tribunal Constitucional (Port, 14 de Janeiro de 2015
Magistrado Responsável | Cons. João Cura Mariano |
Data da Resolução | 14 de Janeiro de 2015 |
Emissor | Tribunal Constitucional (Port |
ACÓRDÃO Nº 14/2015
Processo n.º 855/14
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Secção
Relator: Conselheiro João Cura Mariano
Incidente de reforma da condenação em custas
O Recorrente pediu a reforma do Acórdão que indeferiu a reclamação da decisão sumária proferida no presente recurso, defendendo que a taxa de justiça deveria ter sido fixada em 1 UC e não em 20 UC.
O Ministério Público e os recorridos opuseram-se à pretendida reforma.
O artigo 7.º do Decreto-Lei n.º 303/98 de 7 de outubro, que dispõe sobre o regime das custas no Tribunal Constitucional, diz que nas reclamações das decisões sumárias a taxa de justiça é fixada entre 5 e 50 UC.
E o artigo 9.º do mesmo diploma determina que a taxa de justiça é fixada, tendo em atenção a complexidade e a natureza do processo, a relevância dos interesses em causa e atividade contumaz do vencido, podendo em casos excecionais, o montante mínimo da taxa ser reduzido até ao limite de 1 UC.
Considerando que, apesar da fundamentação da decisão de indeferimento da reclamação não ser extensa, exigiu um estudo cuidadoso do processo pela conferência, até porque o Recorrente nunca indicou em que parte das alegações tinha suscitado a questão de constitucionalidade, que o fundamento da reclamação era...
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