Acórdão nº 0406/11 de Supremo Tribunal Administrativo, 12 de Maio de 2011
Magistrado Responsável: | SANTOS BOTELHO |
Data da Resolução: | 12 de Maio de 2011 |
Emissor: | Supremo Tribunal Administrativo |
Acordam, em conferência, na 1.ª Secção do Supremo Tribunal Administrativo: I – RELATÓRIO 1.1. O Instituto de Financiamento da Agricultura e das Pescas vem interpor recurso de revista, ao abrigo do n.º 1, do artigo 150.º do CPTA, do Acórdão do TCA Norte, de 27-01-2011, que, negando provimento ao recurso jurisdicional por si interposto, confirmou a decisão do TAF de Mirandela, de 15-04-2010, que julgou procedente a acção administrativa especial, interposta pelas ora Recorridas, A…., CRL e B…, “(…) anulando as decisões impugnadas” (cfr. fls. 11 do Acórdão do TAF).
No tocante à admissão da revista, o Recorrente refere, nas conclusões das suas alegações, nomeadamente, o seguinte: “(…) B. Da argumentação expandida pelo TCAN evidencia-se que a pronúncia emitida no Acórdão recorrido enferme de erro grosseiro, não se inserindo o decidido na panóplia das soluções jurídicas plausíveis para as questões sobre que se debruçou.
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Relativamente aos factos que foram dados como provados, não foi devidamente ponderado e valorado o regime jurídico aplicável, tendo o Tribunal a quo desconsiderado o previsto nos termos da previsão legal aplicável.
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Verificando-se ter existido a violação clara tanto de lei substantiva, nomeadamente o disposto no n.º 5 do artigo 65.º do Reg. (CE) n.º 1623/2000 da Comissão, de 25 de Julho e do artigo 236.º e ss. do Código Civil.
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Bem como se verifica o requisito da relevância jurídica da questão já que abrange questões que têm impacto no ordenamento jurídico nacional, e as questões sub judicie têm uma incontroversa aplicabilidade a um universo alargado de outros casos.
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Sendo susceptível de se colocar repetidamente em discussão nos tribunais, já que, como é consabido, são na ordem dos milhares os particulares que aderiram a este programa Comunitário, sendo que muitos deles são ou foram objecto de procedimentos semelhantes àquele que está em causa nos autos.
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Extrapolando-se a aplicação do caso concreto, podendo pôr em causa a segurança jurídica do nosso sistema judicial e a observância do primado do direito comunitário.
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Assumindo, assim, relevância jurídica porque a sua apreciação requer operações complexas e a aplicação de direito comunitário em co-relação com o direito nacional, havendo a clara necessidade de aplicar o direito comunitário e nacionalmente aplicável.
(…)” – cfr. fls. 679.
1.2. Por sua vez, as ora Recorridas, A…, CRL, e B…, pronunciando-se pela não admissibilidade do recurso de revista, salientam...
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