Acórdão nº 01377/17 de Supremo Tribunal Administrativo (Portugal), 08 de Fevereiro de 2018
Magistrado Responsável | MADEIRA DOS SANTOS |
Data da Resolução | 08 de Fevereiro de 2018 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam, em apreciação preliminar, no Supremo Tribunal Administrativo: A…………, Ld.ª, e B……….., Ld.ª, vêm pedir a reforma do acórdão do STA de 13/12/2017, que não admitiu a revista por elas interposta.
A Agência Portuguesa do Ambiente, IP, pugna pelo indeferimento do pedido.
Cumpre decidir.
As requerentes justificam o presente pedido porque o acórdão terá errado ao considerar que o TCA andara bem quando disse que uma certa cessão de créditos necessitava de autorização do dono da obra, à luz do art. 148°, n.º 1, do RJEOP – já que este preceito não se aplicaria às cessões de créditos. E acrescentam que, tendo sido já admitida uma revista nestes autos, o acórdão «sub specie» desatendeu a confiança das recorrentes «na necessidade da revista». Ora, segundo as requerentes, tudo isto imporia a reforma do aresto.
A possibilidade de reforma, prevista no art. 616°, n.° 2, do CPC, é uma excepção à regra ínsita no art. 613°, n.º 1, do mesmo diploma – e só é utilizável «sensu stricto».
ln casu
, o pedido de reforma relativo àquele art. 148°...
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