Acórdão nº 5236/2006-6 de Tribunal da Relação de Lisboa, 22 de Junho de 2006
Magistrado Responsável: | OLINDO GERALDES |
Data da Resolução: | 22 de Junho de 2006 |
Emissor: | Tribunal da Relação de Lisboa |
Acordam no Tribunal da Relação de Lisboa:I. RELATÓRIO O Instituto da Segurança Social, I.P., por apenso à execução ordinária que, sob o n.º 1506/03.5, no 3.º Juízo da Comarca de Torres Vedras, A., move contra B.
, veio reclamar, em 6 de Outubro de 2004, o crédito de € 1 699,07, referente a contribuições e juros de mora, garantido por privilégio mobiliário geral e por privilégio imobiliário.
A petição foi recusada pela secretaria, nos termos da al. f) do art.º 474.º do CPC, por não ter sido junto o documento comprovativo do prévio pagamento da taxa de justiça inicial.
Dessa recusa, foi apresentada reclamação para o respectivo juiz, que, por despacho, confirmou o não recebimento.
Inconformado, o reclamante agravou desse despacho e, tendo alegado, formulou, no essencial, as seguintes conclusões: a) Atendendo ao princípio da unidade do processo, tem de se entender que a reclamação de créditos é um incidente do processo de execução, não gozando de autonomia própria, apesar de correr por apenso.
b) O agravante reclamou o seu crédito em processo instaurado em 2003, beneficiando da isenção de custas, nos termos da al. g) do n.º 1 do art.º 2.º do CCJ, na redacção anterior à do DL n.º 324/2003, de 27 de Dezembro.
c) A reclamação de créditos é um apenso executivo que, no CCJ em vigor, não dá lugar ao pagamento da taxa de justiça inicial, nos termos do art.º 29.º, n.º 3, al. a) (segunda parte a contrario).
d) O agravante não está obrigado ao pagamento da taxa de justiça inicial.
Pretende, com o seu provimento, a revogação do despacho recorrido.
Não foram apresentadas contra-alegações.
O despacho impugnado foi tabelarmente sustentado.
Cumpre apreciar e decidir.
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FUNDAMENTAÇÃO 2.1.
Descrita a dinâmica processual, importa conhecer do objecto do recurso, do qual emerge, como questão fundamental, a aplicação ou não do Código das Custas Judiciais, com as alterações introduzidas pelo DL n.º 324/2003, de 27 de Dezembro, a reclamação de créditos deduzida em 2004 e apensa a acção executiva instaurada em 2003.
O DL n.º 324/2003, que introduziu profundas alterações ao Código das Custas Judiciais, entrou em vigor no dia 1 de Janeiro de 2004 (art.º 16.º, n.º 1).
Contudo, no n.º 1 do seu art.º 14.º, foi fixada uma norma de aplicação temporal, nos termos da qual as respectivas alterações "só se aplicam aos processos instaurados após a sua entrada em vigor".
Será o caso da reclamação de créditos apresentada pelo agravante? A resposta está directamente dependente da...
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