Acórdão nº 017/20 de Tribunal dos Conflitos, 19 de Janeiro de 2021
Magistrado Responsável: | MARIA DO CÉU NEVES |
Data da Resolução: | 19 de Janeiro de 2021 |
Emissor: | Tribunal dos Conflitos |
ACORDAM NO TRIBUNAL DE CONFLITOS INCOMPETÊNCIA EM RAZÃO DA MATÉRIA I. RELATÓRIO 1. O presente conflito de competências tem na sua origem uma acção intentada por A…………. contra o B….........., S.A., Banco de Portugal, C……………., S.A., Fundo de Resolução, CMVM – Comissão de Mercados de Valores Mobiliários e D………………….
O A. formulou o pedido principal de condenação solidária dos réus, enquanto intermediários financeiros, por violação dos deveres de informação, diligência e lealdade a pagarem-lhe a quantia de €.217.500,00 acrescidos de juros de mora, sendo os já liquidados em €.17.185,48 e, ainda a ressarcirem-no por danos não patrimoniais.
Subsidiariamente, o A. peticiona a declaração de nulidade do referido contrato de intermediação financeira por inobservância de forma e, em consequência, a condenação solidária das rés a restituírem-lhe €.217,500, acrescidos de juros de mora, sendo os já liquidados no montante de €.17.185,48 e, ainda a ressarcirem-no por danos não patrimoniais.
Por saneador-sentença do Juízo Central Cível de Lisboa - Juiz 16, do Tribunal Judicial da Comarca de Lisboa, foi decidido: (i) extinguir a instância, por inutilidade superveniente da lide, quanto ao R. “B……….., S.A. Em liquidação”; (ii) absolver da instância, por incompetência absoluta, os RR. Comissão de Mercado de Valores Mobiliário, “Fundo de Resolução” e, “Banco de Portugal” e (iii) julgar a acção improcedente em relação ao “C…………., S.A. e D……………….., absolvendo-os do pedido.
Inconformado com esta decisão, o A. dela interpôs recurso de apelação para o Tribunal da Relação de Lisboa. Este Tribunal da Relação, 6.ª Secção, por acórdão de 21.06.2018, decidiu julgar totalmente improcedente a apelação e confirmar a decisão impugnada em todas as suas vertentes.
Novamente inconformado, o A. interpôs recurso de revista excepcional para o Supremo Tribunal de Justiça (STJ), que em 17.06.2020 proferiu decisão de convolação da revista em recurso para o Tribunal dos Conflitos.
A Digna Magistrada do Ministério Público, devidamente notificada, emitiu parecer no sentido de que “(…) é de manter o que vem sendo decidido pelo Tribunal dos Conflitos, revogando-se o acórdão recorrido quanto à procedência da excepção da incompetência em razão da matéria: a) na parte em que absolveu da instância o Fundo de Resolução, declarando-se competente a jurisdição comum para conhecer dos pedidos contra este R.; b) e, na parte em que absolveu da instância os RR Banco de Portugal e a CMVM, ser atribuída à...
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