Acórdão nº 06/16 de Tribunal dos Conflitos, 21 de Abril de 2016
Magistrado Responsável | MADEIRA DOS SANTOS |
Data da Resolução | 21 de Abril de 2016 |
Emissor | Tribunal dos Conflitos |
CONFLITO N.º 6/16 Acordam no Tribunal dos Conflitos: A…………, SA, interpôs na comarca de Viana do Castelo (Ponte de Lima) uma acção de regresso onde pediu que se condenasse a B…………, SA, enquanto concessionária da A3, a pagar-lhe 1.207,81 euros e respectivos juros, vencidos e vincendos. Esse capital corresponde ao «quantum» que a autora satisfez pelos danos, cobertos por um contrato de seguro, causados num veículo devido ao seu embate numa raposa que – por a ré não ter alegadamente observado as regras de vigilância e de segurança impostas no contrato de concessão – invadira a faixa de rodagem daquela auto-estrada.
O tribunal judicial julgou-se incompetente «ratione materiae» para conhecer do pleito, por considerar que tal competência cabia à jurisdição administrativa. E, remetido o processo ao TAF de Braga, este recusou também a sua competência material, que atribuiu à jurisdição comum.
Ambas as decisões transitaram, daí emergindo o presente conflito – cuja resolução foi suscitada «ex officio».
O Ex.º Magistrado do MºPº neste Tribunal dos Conflitos emitiu douto parecer em que preconiza a atribuição da competência à jurisdição administrativa.
Cumpre decidir.
A circunstância da comarca de Viana do Castelo (Ponte de Lima) e do TAF de Braga, por decisões transitadas, terem declinado a competência própria e mutuamente se atribuírem a competência «ratione materiae» para conhecer da acção dos autos evidencia a presença de um conflito negativo de jurisdição (art. 109º, n.º 1, do CPC) – solucionável por este Tribunal dos Conflitos (arts. 110º, n.º 1, do CPC e 85º e ss. do Regulamento aprovado pelo Dec. n.º 19.243, de 16/1/1931).
Nos termos do art. 64º do CPC, a competência dos tribunais judiciais é residual; pelo que a jurisdição comum só não será competente para conhecer da acção ora «sub specie» se a apreciação da causa estiver deferida, «ex vi legis», aos tribunais da jurisdição administrativa. E, como a acção foi proposta em 2014, será à luz do actual ETAF, na redacção então vigente – já que a competência se fixa no momento em que a acção se propõe (arts. 38º, n.º 1, da LOSJ e 5º do ETAF) – que o presente conflito se solucionará.
A competência «ratione materiae» para conhecer de uma qualquer causa determina-se pelo pedido que nela se formule, esclarecido ou iluminado pela respectiva «causa petendi». Ora, e «in casu», o pedido consiste na condenação da ré, concessionária de uma auto-estrada, a pagar à autora, em via de regresso, a importância que...
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