Acórdão nº 1921/06-2 de Tribunal da Relação de Évora, 18 de Janeiro de 2007
Magistrado Responsável | JOÃO MARQUES |
Data da Resolução | 18 de Janeiro de 2007 |
Emissor | Tribunal da Relação de Évora |
PROCESSO Nº 1921/06 ACORDAM NO TRIBUNAL DA RELAÇÃO DE ÉVORA *O Ex.mo Magistrado do Mª Público requereu a resolução do conflito negativo de competência suscitado entre o Mm° Juiz do Tribunal Judicial de … (2° Juízo Cível) e o Mmo Juiz do Círculo Judicial de …, os quais se atribuem reciprocamente a competência, negando a própria, para o julgamento no processo de expropriação litigiosa n° 616/2002 em que é expropriante "C" e expropriada "D".
Notificados os EX.mos Juízes em conflito, não foi apresentada qualquer resposta. O EX.mo Procurador Geral Adjunto emitiu douto parecer no sentido de a competência ser deferida ao Mm° Juiz titular do 2° Juízo de … Dispensados os vistos, cumpre decidir.
A factualidade a considerar é a constante do processado, designadamente os dois despachos, transitados em julgado, que deram origem ao presente conflito e ainda a de que não foi requerida a intervenção do Tribunal Colectivo e de que o valor atribuído ao processo é superior à alçada da Relação.
Dispões o art° 58° do C. das Expropriações aprovado pela Lei n° 168/99 de 18 de Setembro que "no requerimento de interposição de recurso da decisão arbitral, o recorrente deve expor logo as razões da discordância, oferecer todos os documentos, requerer as demais provas, incluindo a prova testemunhal, requerer a intervenção do tribunal colectivo, designar o seu perito e dar cumprimento ao disposto no artº 577º do Código de Processo Civil".
Conjugando este preceito com os art°s 97°, n° 4, 106°, al. b) e 108° al.c) da Lei de Organização e Funcionamento dos Tribunais Judiciais, aprovada pela Lei n° 3/99...
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