Acórdão nº 042/19 de Tribunal dos Conflitos, 25 de Junho de 2020
Magistrado Responsável: | CATARINA SERRA |
Data da Resolução: | 25 de Junho de 2020 |
Emissor: | Tribunal dos Conflitos |
ACORDAM NO TRIBUNAL DE CONFLITOS I. RELATÓRIO Autor: A………………………………….
Ré: Direcção-Geral da Administração da Justiça O autor, A……………………….
, melhor identificado nos autos, veio apresentar requerimento onde pede “a revogação da decisão proferida pela Direcção dos Serviços de Identificação Criminal de indeferimento do pedido de cancelamento definitivo da inscrição de condenação constante do seu registo criminal e a condenação daquela entidade ao cancelamento definitivo do registo criminal”.
Com base no artigo 42.º, n.º 2, da Lei n.º 37/2015, de 5.05, a Direcção-Geral da Administração da Justiça remeteu o recurso para o Tribunal de Execução de Penas de Évora.
Entendendo, porém, que a situação em causa era subsumível ao artigo 42.º, n.º 1, da Lei n.º 37/2015, de 5.05, o Tribunal de Execução de Penas de Évora declarou-se materialmente incompetente.
Notificado desta sentença, veio o autor requerer a remessa dos autos para o Tribunal Administrativo e Fiscal de Loulé, a qual foi ordenada.
Distribuídos os autos ao Tribunal Administrativo e Fiscal de Loulé, veio este, por sua vez, a declarar-se materialmente incompetente, sustentando o seu entendimento nos artigos 12.º e 42.º da Lei n.º 37/2015, de 5.05, 4.º, n.º 3, al.
c), do ETAF e 13.º e 89.º, n.ºs 2 e 4, al.
a),do CPTA.
Veio ainda suscitar, nos termos e para os efeitos do disposto no artigo 111.º, n.º 1, do CPC, a resolução do presente conflito negativo de jurisdição entre o Tribunal de Execução de Penas de Évora e o Tribunal Administrativo e Fiscal de Loulé.
Os autos foram, então, distribuídos a este Tribunal de Conflitos.
O Ministério Público apresentou parecer favorável à atribuição da competência ao Tribunal de Execução de Penas de Évora.
* A questão que cumpre aqui decidir é a de saber qual é o tribunal competente para julgar o recurso interposto do despacho da Direcção-Geral da Administração da Justiça de indeferimento do pedido de cancelamento definitivo do registo criminal do autor.
* II. FUNDAMENTAÇÃO OS FACTOS Os factos relevantes são os constantes do Relatório antecedente.
O DIREITO Como decorre do Relatório antecedente, está em causa um conflito negativo de jurisdição (cfr. artigo 109.º, n.º 1, do CPC).
Recorde-se, por outro lado, que o litígio respeita ao cancelamento definitivo do registo criminal.
Essencial para resolver o conflito é a Lei n.º 37/2015, de 5.05, que estabelece os princípios gerais que regem a organização e o funcionamento da identificação criminal, transpondo para a...
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