Acórdão nº 13/15 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 13/2015
Processo n.º 1043/14
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Secção
Relator: Conselheiro João Cura Mariano
Acordam, em conferência, na 2.ª Secção do Tribunal Constitucional
Incidente de aclaração
O Recorrente vem pedir a aclaração do acórdão que indeferiu a reclamação do despacho proferido no Supremo Tribunal de Justiça que não admitiu o recurso interposto para o Tribunal Constitucional.
O Novo Código de Processo Civil, aplicável à presente fase da tramitação processual, nos termos do artigo 7.º, da Lei n.º 41/2013, de 26 de junho, ex vi do artigo 69.º, da LTC, deixou de prever a possibilidade de aclaração das decisões judiciais, sendo a sua ambiguidade ou obscuridade causa de nulidade, quando torne a decisão ininteligível.
O Recorrente não invoca a ininteligibilidade da decisão que pretendia ver aclarada, antes revela a sua discordância quanto aos fundamentos da mesma, pelo que, não estando atualmente prevista a dedução de um incidente de aclaração, e não estando reunidos os pressupostos...
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