Acórdão nº 0989/13 de Supremo Tribunal Administrativo, 12 de Setembro de 2013
Magistrado Responsável: | VÍTOR GOMES |
Data da Resolução: | 12 de Setembro de 2013 |
Emissor: | Supremo Tribunal Administrativo |
Formação de Apreciação Preliminar Acordam na Secção do Contencioso Administrativo do Supremo Tribunal Administrativo 1.
O Tribunal Central Administrativo Sul, por acórdão de 7 de Fevereiro de 2013, confirmou o despacho que rejeitou o recurso jurisdicional interposto por INFARMED - Autoridade Nacional da Farmácia e do Medicamento IP da sentença proferida pelo juiz relator em acção administrativa especial de valor superior à alçada, com fundamento em que "o tribunal de 1ª instância, invocando o art.27.º-1-i), emitiu sentença em vez do acórdão imposto no n.º 3 do art.º 40.º do ETAF e a ora recorrente não respeitou o n.º 2 do art. 27.º cit".
Deste acórdão interpôs recurso o INFARMED, ao abrigo do art.º 150.º do CPTA, alegando, em síntese: - A admissão do presente recurso justifica-se pelo erro manifesto de que padece o acórdão recorrido, porquanto interpreta o art.º 27.º/2 do CPTA em violação do art.º 7.º do CPTA, revestindo-se a pronúncia a obter na revista de manifesta relevância jurídica, na medida em que se aplicará a todos os recursos em situação semelhante; - O art.º 27.º/2 do CPTA não pode obstar a que, nos casos em que tenham sido interpostos recursos ao invés de reclamações, não exista decisão do mérito da causa, sob pena de violação do princípio da tutela efectiva e do princípio pro actione; - Pelo que, ao abrigo do art.º 7.º do CPTA, deveria o TCA ter ordenado a convolação do recurso em reclamação As recorridas, A………. e B………………. Ldª argumentam que a situação não é nova, nem sequer controversa, pelo que não deve admitir-se a revista e, de todo o modo, deve a decisão do TCA ser confirmada porque em sintonia com o acórdão do Pleno do STA n. 3/2012, de fixação de jurisprudência.
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As decisões proferidas pelos tribunais centrais administrativos em segunda instância não são, em regra, susceptíveis de recurso ordinário. Apenas consentem recurso nos termos do n.º 1 do art.º 150.º do CPTA, preceito que dispõe que das decisões proferidas em segunda instância pelo Tribunal Central Administrativo pode haver, a título excepcional, recurso de 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...
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