Acórdão nº 01105/08 de Supremo Tribunal Administrativo (Portugal), 07 de Janeiro de 2009
Magistrado Responsável | ANGELINA DOMINGUES |
Data da Resolução | 07 de Janeiro de 2009 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam em conferência na secção do contencioso administrativo do Supremo Tribunal Administrativo 1. A Junta de Freguesia de S. Sebastião (Setúbal) recorre para este S.T.A. do acórdão do T.C.A. Sul que, confirmando o aresto do T.A.F. de Setúbal (embora com diferente fundamentação), manteve a decisão de anulação do acto da ora Recorrente, pelo qual foi punida a recorrida A... com a pena de aposentação compulsiva.
Como razão para a admissão do recurso indica "a falta de aplicação do direito de forma adequada". A recorrida contra-alegou defendendo o não recebimento da revista.
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Decidindo 2.1. O art.º 150.º n.º 1 do Código de Processo nos Tribunais Administrativos prevê "excepcionalmente" recurso de revista para o STA "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".
Interpretando esta norma, tem o STA sublinhado, em jurisprudência constante, que não estamos perante um recurso normal de revista, pois que das decisões dos tribunais administrativos proferidas na sequência de recurso de apelação não cabe, em princípio, revista para o STA, mas antes perante um recurso que, nas palavras do legislador (Exposição de Motivos da Proposta de Lei 92/VII), deverá funcionar apenas "como uma válvula de segurança do sistema".
Deste modo, a intervenção do STA só se justificará em matérias de maior importância, sob pena de se generalizar este recurso de revista, o que, se...
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