Acórdão nº 0422/02 de Supremo Tribunal Administrativo, 26 de Março de 2003
Magistrado Responsável: | J SIMÕES DE OLIVEIRA |
Data da Resolução: | 26 de Março de 2003 |
Emissor: | Supremo Tribunal Administrativo |
Acordam na Secção de Contencioso Administrativo do Supremo Tribunal Administrativo, 3ª Subsecção:- I -A FEDERAÇÃO PORTUGUESA DE HALTEROFILISMO recorre contenciosamente do despacho do MINISTRO DA JUVENTUDE E DO DESPORTO nº 425/2002, publicado no D.R., 2ª série, nº 6, de 8.1.02, pelo qual foi determinado o cancelamento do estatuto de utilidade pública desportiva à mesma Federação.
Segundo o relato feito na petição de recurso, a decisão em causa foi tomada porque tinham sido detectadas ilegalidades graves no âmbito do inquérito e auditoria levada a cabo no seio da Federação, mas verdade é que essas ilegalidades não existem. A auditoria não tem qualquer credibilidade, as suas conclusões são meras aberrações, não há qualquer cofre oculto nem 7.298 contos sem despesas, e a queixa crime contra o presidente da direcção foi arquivado. Acresce ainda que o parecer do Comité Olímpico era de suspender o estatuto, e não de o cancelar, e o Conselho Superior do Desporto não quis conhecer qualquer opinião ou documentação da Federação, mas "banalizar o seu parecer pelo IND". Juntou documentos.
Respondeu ao recurso o Secretário de Estado da Juventude e Desportos, começando por justificar a sua intervenção pelo facto de na actual estrutura governamental não existir o cargo de Ministro da Juventude e do Desporto, estando-lhe agora atribuídos os poderes que integravam a competência do autor do acto. Disse depois ser o recurso extemporâneo e como tal devia ser rejeitado, porquanto o despacho recorrido foi publicado, nos termos legais, no dia 8.1.02 e a petição foi apresentada em 11.3.02, logo fora do prazo de 2 meses de que o recorrente dispunha para o efeito. Por impugnação, respondeu que o acto é válido, pois a federação cometeu ilegalidades graves no que concerne à prestação das suas contas: provou-se no inquérito que as contas de 1995 e 1996 não foram apresentadas correctamente, não indicando as receitas de uma sala de musculação que explorava e contabilizando no seu activo imobilizado automóveis que não lhe pertenciam e cujos encargos eram pagos por terceiros. Provou-se também que na apresentação de propostas visando a celebração de contratos-programa para os anos de 1995, 1996, 1997 e 1998 não referiu que explorava uma sala de musculação, ocultando receitas que retirava da respectiva exploração; que ao assim proceder ocultou uma fonte de financiamento próprias de pelo menos 1.484.303$00 em 1995, 6.921.634$00 em 1996 e 10.803.576$00 em 1997. Além disso, não aplicou tais receitas no desenvolvimento da modalidade. Finalmente, demonstraram-se irregularidades contabilísticas, a saber: falta de documentos comprovativos de despesa no montante de 7.298 contos (ano de 1994), erro de 1.838 contos (1997) e despesas em senhas de gasolina de difícil justificação, no valor de 6.995 contos, durante os anos de 1995 a 1998. As contas estão, por conseguinte, falseadas, impedindo que a recorrente continue a manter o estatuto de utilidade pública desportiva e a imagem de credibilidade que lhe anda associada (D-L nº 144/93). O acto recorrido é conforme à lei, devendo ser mantido.
Ouvida sobre a questão prévia da extemporaneidade, a recorrente veio dizer que o recorrido não tem razão, porquanto a al. c) do art. 279º do C. Civil tem de ser conjugada com a al. b), pelo que o dia da publicação do acto não conta. O prazo para o recurso iniciou-se no dia 9.1.02, e não em 8.1.02, pelo que só findaria a 9 de Março.
Feita diligência nesse sentido, obteve-se o esclarecimento de que o acto recorrido não foi objecto de notificação à recorrente, mas apenas de publicação em D.R. - face o que o Ministério Público emitiu parecer no sentido de o recurso ser tempestivo. A publicação não dispensa a notificação, sendo certo que era sobre a entidade recorrida que impendia o ónus de demonstrar que a recorrente foi notificada.
Por despacho de fls. 51 verso, foi relegado para a...
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