Acórdão nº 01/20 de Tribunal dos Conflitos, 07 de Outubro de 2020
Magistrado Responsável: | ISABEL MARQUES DA SILVA |
Data da Resolução: | 07 de Outubro de 2020 |
Emissor: | Tribunal dos Conflitos |
Conflito n.º 1/2020 Acordam no Tribunal dos Conflitos Relatório A…………, Lda., com os sinais dos autos, é arguida em processo de contra-ordenação, por ocupação do espaço público com um suporte publicitário com cerca de 5,00m x 0,70m, sem que tivesse efectuado a comunicação prévia prevista no Decreto-Lei n.º 48/2011, de 1 de Abril, na redação do Decreto-Lei n.º 10/2015, de 16 de Janeiro.
Por Decisão do Presidente da Câmara Municipal do Seixal, de 28.12.2018, foi a arguida condenada, pela prática de contra-ordenação por violação do disposto na alínea e) do n.º 1 do artigo 10.º, conjugado com o n.º 1 e alínea b) do n.º 2 do artigo 1.º do Decreto-lei n.º 48/2011, de 1 de Abril, na redação do Decreto-Lei n.º 10/2015, de 16 de Janeiro, na coima de 2.000,00€ – cfr. fls. 73 a 76 dos autos.
A arguida interpôs, em 04.03.2019, impugnação judicial dirigida ao Juiz de Direito da Comarca de Lisboa, Seixal – Instância Local, nos termos do artigo 59º do DL nº 433/82, de 27/10 – cfr. fls. 82 a 89 dos autos.
Remetidos os autos ao Ministério Público do Tribunal da Comarca de Lisboa – Instância Local Criminal do Seixal foram por este apresentados ao Tribunal e distribuídos, em 22.05.2019 (cfr. fls. 157) Em 25.06.2019, o Juízo Local Criminal do Seixal declarou-se incompetente em razão da matéria para apreciação do recurso de contra-ordenação, face ao disposto no art. 4º, nº 1, al. l) do Estatuto dos Tribunais Administrativos e Fiscais (ETAF), considerando ser competente para o efeito o Tribunal Administrativo e Fiscal de Almada – cfr. fls. 124 a 126.
Após trânsito, foi o processo remetido ao TAF de Almada – cfr. fls. 129.
Por despacho de 09.10.2019, o TAF de Almada julgou-se incompetente para conhecer do recurso de impugnação contra-ordenacional, declarando ser competente o Juízo Local Criminal do Seixal.
Transitada esta decisão, a Juíza do TAF de Almada suscitou oficiosamente a resolução do conflito negativo de jurisdição entre aquele Tribunal e o Tribunal Judicial da Comarca de Lisboa – Juízo Local Criminal do Seixal - cfr. fls. 131.
Neste Tribunal, a arguida notificada nos termos e para os efeitos do disposto no artigo 11.º, n.º 3 da Lei n.º 91/2019, de 4 de Setembro, nada veio dizer.
O processo foi com vista à Exma. Procuradora Geral Adjunta que emitiu parecer a fls. 137, no sentido de que a competência para julgar a impugnação judicial da decisão punitiva em causa deverá ser atribuída ao Tribunal Administrativo e Fiscal de Almada, área do contencioso tributário, por se estar perante um ilícito de mera ordenação social por violação de normas tributárias, a que é aplicável o disposto no artigo 4.º, n.º 1, alínea l) do ETAF.
Apreciação da questão O presente Conflito Negativo de Jurisdição vem suscitado entre o Juízo Local Criminal do Seixal da Comarca de Lisboa e o Tribunal Administrativo e Fiscal de Almada.
A questão que está em causa nos autos é a de saber qual a...
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