Acórdão nº 094/08 de Supremo Tribunal Administrativo (Portugal), 14 de Fevereiro de 2008
Magistrado Responsável | AZEVEDO MOREIRA |
Data da Resolução | 14 de Fevereiro de 2008 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam na Secção de Contencioso Administrativo do Supremo Tribunal Administrativo (STA): O Presidente da Câmara Municipal de Coruche, invocando o disposto no art. 150º do Código de Processo nos Tribunais Administrativos (CPTA), vem recorrer de um acórdão do Tribunal Central Administrativo Sul (TCAS) que, revogando uma sentença do Tribunal Administrativo e Fiscal de Lisboa (TAFL), decidiu que, no regime retributivo do funcionalismo da Administração Pública, o subsídio de turno faz parte da remuneração base devendo, por isso, relevar para efeito de determinação do montante do subsídio de férias e do subsídio de Natal.
Aponta, como fundamento do recurso, a grande importância jurídica e social da questão atenta a necessidade de processar correctamente os referidos subsídios relativamente a centenas de funcionários públicos que praticam o horário de trabalho naquelas condições.
Por outro lado, o recorrido acórdão do TCAS diverge da doutrina seguida em casos semelhantes por outras espécies jurisprudenciais, designadamente os acórdãos do STA de 25.01.06 (processo n° 0820/05) e do Tribunal Central Administrativo Norte no âmbito do processo n° 00110/05.8BECBR.
Não houve contra-alegação.
Importa decidir.
É jurisprudência pacífica deste STA, solidamente ancorada no texto do art. 150º n° 1 do CPTA, que o recurso de revista excepcional, como logo a própria designação do recurso indica, está reservado a casos restritos de particular importância jurídica ou social ou em que seja necessário corrigir erros de direito evidentes cometidos pelo...
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