Acórdão nº 01169/12 de Supremo Tribunal Administrativo (Portugal), 22 de Novembro de 2012
Magistrado Responsável | ADÉRITO SANTOS |
Data da Resolução | 22 de Novembro de 2012 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam, na Secção do Contencioso Administrativo, do Supremo Tribunal Administrativo: 1.
O Presidente da Câmara Municipal de Loulé, em representação do Município de Loulé, veio intentar o presente processo de «intimação para prestação de informação e passagem de certidões», contra a Presidência do Conselho de Ministros.
A pedida intimação respeita a omissão da entidade requerida, que não terá facultado ao requerente dados documentais, que este lhe solicitou.
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Como decorre da Lei Orgânica do Governo (Lei nº 86-A/2011, de 12.7) e, designadamente do respectivo art. 10, a Presidência do Conselho de Ministros não se confunde com o Primeiro Ministro nem com o Conselho de Ministros.
No que ao Governo respeita, o Supremo Tribunal Administrativo só tem competência para conhecer dos processos em matéria administrativa relativos a actos e omissões do Conselho de Ministros e Primeiro Ministro [art. 24, nº 1, al. a), incisos iii) e iv), do ETAF)]. E, relativamente às condutas das demais «entidades» integrantes do Governo ou a ele ligados, não há, no referido diploma legal, qualquer norma atributiva de competência a este Supremo Tribunal Administrativo.
Assim, e não cabendo a Presidência do Conselho de Ministros nesse artigo 24 do ETAF, a competência para o conhecimento da...
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