Acórdão nº 01211/12 de Supremo Tribunal Administrativo (Portugal), 29 de Novembro de 2012
Magistrado Responsável | RUI BOTELHO |
Data da Resolução | 29 de Novembro de 2012 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam na Secção de Contencioso Administrativo do Supremo Tribunal Administrativo: A Fundação da Escola Profissional de Vila Franca do Campo, com melhor identificação nos autos, intentou no TAF de Ponta Delgada o presente pedido de suspensão de eficácia contra a Presidência do Conselho de Ministros.
Em despacho liminar o Sr. Juiz declarou a incompetência daquele TAF, em razão da hierarquia, por o conhecimento da causa competir ao STA, ex vi do art. 24°, n.° 1, al. a), do ETAF.
Remetidos os autos a este STA, cumpre reavaliar o problema da competência.
E desde já adiantaremos que a decisão do TAF não pode manter-se, dado que contraria a jurisprudência reiterada do STA nesta matéria (entre outros, os acórdãos de 5.5.10, 22.2.11, 26.5.11, 18.10.11 e 8.11.12, proferidos, respectivamente, nos processos ns.° 238/10, 1023/10, 41/11, 823/11 e 1149/12).
O presente expediente visa a suspensão do acto contido na notificação “ao IRN I.P., para cancelamento do registo, da ora requerente, conforme disposto no n.º 4 da dita resolução em conexão com no ponto III da al. d) do anexo IV à Resolução do Conselho de Ministros nº 79-A/2012, de 25 de Setembro, publicada no Diário da República, I série, nº 186, de 25 de Setembro, p. 5430-7”. Ora, e como decorre da Lei Orgânica do Governo (Lei n.° 86-A/2011, de 12/7, em que particularmente avulta o art. 10°), aquela Presidência do Conselho de Ministros não se confunde com o Primeiro-Ministro ou com o Conselho de...
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