Acórdão nº 2952/06-3 de Tribunal da Relação de Évora, 22 de Março de 2007
Magistrado Responsável | JOÃO MARQUES |
Data da Resolução | 22 de Março de 2007 |
Emissor | Tribunal da Relação de Évora |
* PROCESSO Nº 2952/06 ACORDAM NO TRIBUNAL DA RELAÇÃO DE ÉVORA O Ex.mo Magistrado do M. Público requereu a resolução do conflito negativo de competência suscitado entre o Mmo Juiz do 2° Juízo Cível do Tribunal Judicial de … 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° 415/2002 em que são expropriante a "A" e expropriados "B" e "C", todos melhor identificados nos autos.
Notificados os Exmos Juízes em conflito, apenas o Exmo Juiz de Círculo apresentou resposta, reiterando a sua posição e oferecendo um acórdão do Supremo Tribunal de Justiça cujos argumentos faz seus.
O Exmo Procurador Geral Adjunto emitiu douto parecer no sentido de a competência ser deferida ao Mmo Juiz titular do 2° Juízo Cível de Loulé.
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, resultando ainda dos mesmos que não foi requerida a intervenção do Tribunal Colectivo.
Dispões o artº 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 artºs 97°, n° 4, 106°, al. b) e 108° al.c) da Lei de Organização e Funcionamento dos...
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