Acórdão nº 322.888/09.0-A de Tribunal da Relação de Évora, 12 de Janeiro de 2012
Magistrado Responsável: | MÁRIO JOÃO CANELAS BRÁS |
Data da Resolução: | 12 de Janeiro de 2012 |
Emissor: | Tribunal da Relação de Évora |
Acordam os juízes, em conferência, nesta Relação: Uma vez notificada do douto despacho proferido no dia 18 de Outubro de 2011, no 1º Juízo Cível do Tribunal Judicial da comarca de Évora (ora a fls. 52 a 53 dos autos) – que lhe rejeitou o recurso de Apelação que havia interposto da douta sentença que aí pôs termo ao processo e a condenou a pagar € 7.710,51 e juros, nos autos de acção especial para cumprimento das obrigações pecuniárias emergentes de contrato, que lhe instaurara o Autor P…, veio a Ré “M…, apresentar reclamação desse despacho, nos termos do artigo 688.º do Código de Processo Civil, por entender que, ao contrário do que aí se decide, o recurso deverá vir ainda a ser admitido, por ter sido deduzido em prazo, já que o seu advogado se não achava presente na diligência designada para o dia 14 de Julho de 2011 e, por isso, não poderia ter sido notificado da sentença logo nessa data (“Em bom rigor, aquela só foi notificada da douta decisão condenatória já no decurso das férias judiciais, via Citius”, aduz). Em segundo lugar e “ao invés do considerado pelo Meritíssimo Juiz a quo, o prazo legal de recurso da douta decisão condenatória não é de 15 dias, mas de 30 dias, não se aplicando in casu o consignado no artigo 691.º, n.
os 2, alínea d) e 5, do Código de Processo Civil”, porquanto um “tal normativo aplica-se, essencialmente, às decisões de natureza intercalar, não abarcando as condenações resultantes de despachos saneadores ou sentenças proferidas sobre o mérito da causa”. Dessarte, não se verificando essa extemporaneidade da interposição, deverá agora ser atendida a reclamação, e ordenar-se o recebimento do recurso, bem como a sua subsequente tramitação.
O Autor P… vem deduzir resposta à reclamação, para dizer, também em síntese, que a reclamante não tem razão, já que é a lei que estabelece que o prazo de recurso de despachos ou sentenças orais, reproduzidas no processo, “corre do dia em que foram proferidos, se a parte esteve presente ou foi notificada para assistir ao acto”, conforme estatui o artigo 685.º, n.º 3, do C.P.Civil. E daí que “a reclamação apresentada deve ser indeferida, devendo o recurso ser considerado extemporâneo, visto que a douta sentença transitou em julgado no dia 28 de Setembro de 2011 e o recurso foi remetido para o Tribunal em 04 de Outubro de 2011”, conclui.
Entretanto, já nesta Relação, foi proferida decisão pelo Relator a indeferir tal reclamação da Ré/apelante e a confirmar o juízo da 1ª instância, de...
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