Acórdão nº 616/20 de Tribunal Constitucional, 11 de Novembro de 2020
Magistrado Responsável: | Cons. Pedro Machete |
Data da Resolução: | 11 de Novembro de 2020 |
Emissor: | Tribunal Constitucional |
ACÓRDÃO N.º 616/2020
Processo n.º 284/20
2.ª Secção
Relator: Conselheiro Pedro Machete
Acordam, em conferência, na 2.ª Secção do Tribunal Constitucional:
1. Notificada do Acórdão n.º 495/2020 (acessível a partir de http://www.tribunalconstitucional.pt/tc/acordaos/), que indeferiu a reclamação deduzida contra a Decisão Sumária n.º 263/2020 e condenou a reclamante, A., nas custas, vem esta última pedir a «retificação daquele Acórdão no que respeita à condenação em custas […], na medida em que se está perante um caso de isenção de custas», decorrente do disposto no artigo 4.º do Regulamento das Custas Processuais (RCP), aplicável no Tribunal Constitucional por força do n.º 1 do artigo 4.º do Decreto-Lei n.º 303/98, de 7 de outubro (cf. fls. 75 e ss.).
O Ministério Público, considerando que o requerido constitui um pedido de reforma daquele Acórdão quanto a custas (cf. artigo 616.º, n.º 1, do Código de Processo Civil), pronunciou-se no sentido de assistir razão à requerente e de ser deferida a sua pretensão (v. fls. 79 e ss.).
2. O artigo 616.º, n.º 1, do Código de Processo Civil, em conjugação com o artigo 666.º, n.º 2, do mesmo Código, ambos aplicáveis ex vi artigo 69.º da LTC, prevê que a «parte pode requerer, no tribunal que proferiu a sentença, a sua reforma quanto a custas e multa».
É o que ocorre no caso vertente, em que a recorrente, tendo proposto, ao abrigo do disposto nos artigos 36.º, n.º 1, alínea e), e 109.º e seguintes do Código de Processo nos Tribunais Administrativos, “Intimação para proteção de direitos, liberdades e garantias”, beneficia de isenção de custas, nos termos do artigo 4.º, n.º 2, alínea b), do RCP, a qual é aplicável às custas no Tribunal Constitucional, por força do disposto no artigo 4.º, n.º 1, do Decreto-Lei n.º 303/98.
Deverá, pois, ser deferida a requerida reforma quanto a custas.
Decisão
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