Acórdão nº 0507/05 de Supremo Tribunal Administrativo (Portugal), 11 de Maio de 2005
Magistrado Responsável | AZEVEDO MOREIRA |
Data da Resolução | 11 de Maio de 2005 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam na Secção de Contencioso Administrativo do Supremo Tribunal Administrativo: A…, identificado nos autos, ao abrigo do disposto no art. 150° do Código de Processo nos Tribunais Administrativos, recorre de um acórdão do Tribunal Central Administrativo Sul que negou provimento ao recurso jurisdicional por ele interposto de uma sentença do Tribunal Administrativo e Fiscal de Leiria que, relativamente a um pedido de intimação de um Chefe de Serviço do IFADAP para passagem de certidão, julgou parcialmente satisfeita a pretensão do demandante e, na parte restante, caduco o seu direito que não fora exercido no prazo fixado no art. 105° do CPTA, sendo certo que o mesmo não beneficiava do disposto no art. 289° n° 2 do Código de Processo Civil por serem distintos os requerentes nesse processo e num outro anterior.
Na sua alegação para este Supremo Tribunal o recorrente desenvolve longamente as razões pelas quais discorda do decidido pelas instâncias, mas omite qualquer referência à verificação, no caso, dos pressupostos da admissibilidade deste recurso jurisdicional.
Há, pois, que emitir pronúncia sobre esta questão preliminar.
O citado n° 1 do art. 150° do CPTA estatui o seguinte: "Das decisões proferidas em segunda instância pelo Tribunal Central Administrativo pode haver, excepcionalmente, revista para o Supremo Tribunal Administrativo quando esteja em causa a apreciação de uma questão que, pela sua relevância jurídica ou social, se revista de importância fundamental ou quando a admissão do recurso seja claramente necessária para uma melhor aplicação do direito".
A leitura deste preceito legal permite-nos concluir, logo a uma primeira análise, que as questões acima enunciadas não se apresentam como de "importância fundamental" numa perspectiva jurídica ou social...
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