Acórdão nº 2819/04-2 de Tribunal da Relação de Évora, 20 de Janeiro de 2005
Magistrado Responsável | ALMEIDA SIMÕES |
Data da Resolução | 20 de Janeiro de 2005 |
Emissor | Tribunal da Relação de Évora |
ACORDAM NO TRIBUNAL DA RELAÇÃO DE ÉVORA O Magistrado do Ministério Público junto do Tribunal judicial da comarca de … instaurou uma acção executiva contra "A" para cobrança de uma coima aplicada pelo Presidente da Câmara Municipal de … e respectivas custas do processo de contra-ordenação.
Verificando que não havia sido paga a taxa de justiça, o senhor Juiz notificou o Ministério Público para, em 10 dias, proceder ao respectivo pagamento, sob pena de indeferimento liminar do requerimento executivo.
Inconformado, o Ministério Público agravou, tendo alegado e formulado conclusões a defender que está isento de custas, nos termos do artigo 2º nº 1 al. a) do Código das Custas Judiciais.
Colhidos os vistos, cabe decidir.
A questão que se coloca no presente recurso consiste em saber se, em execução instaurada pelo Ministério Público para cobrança de coima aplicada pela autoridade administrativa, beneficia de isenção subjectiva de custas.
Vejamos, então: Após a revisão do Código das Custas Judiciais introduzida pelo Dec. Lei 324/2003, de 27 de Dezembro, o Estado e seus organismos autónomos, as regiões autónomas, as autarquias locais e as associações e federações de municípios deixaram de beneficiar de isenção subjectiva de custas, mantendo o Ministério Público a isenção...
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