Força dos títulos de cobrança
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 20-21 |
Page 20
A força é executiva, pois,
[ GRÁFICO EM ARQUIVO ADJUNTO ]
Potenciação do «solve et repete», ou privilégio da execução prévia que é apanágio 32 da Fazenda Pública.
Maugrado o acabado de mencionar, o processo de execução fiscal não abrange o conhecimento da legalidade da liquidação das dívidas por ele cobradas. 33 Porquê esta proibição?
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) - defesa da simplicidade e celeridade do processo executivo [encarregar os tribunais de análise de operações tão técnicas envolveria atrasos]
Page 21
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) - não se defraudam as garantias do contribuinte
[teve ocasião de reclamar ou(e) impugnar]
quando não, em termos de oposição, poder-se-á invocar a ilegalidade
A al. h), do nº 1, do art. 204º do C.P.P.T., confere entre os fundamentos de oposição:
«Ilegalidade da liquidação da dívida exequenda, sempre que a lei não assegure meio judicial de impugnação ou recurso contra o acto de liquidação.»
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[31] - Cfr. art. 60º C.P.P.T..
[32] - Quiçá injusto, por impeditivo, vezes sem conta, de livre e franca tomada de posição por banda do contribuinte, impelido a ter de pagar ou garantir quando e se queira discutir.
[33] - Salvo as excepções previstas no C.P.P.T. (cfr. art. 204º, nº 1, al. h) e nº 2).
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