Acórdão nº 0114/18 de Supremo Tribunal Administrativo (Portugal), 12 de Abril de 2018
Magistrado Responsável | MADEIRA DOS SANTOS |
Data da Resolução | 12 de Abril de 2018 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam, em apreciação preliminar, no Supremo Tribunal Administrativo: A……………, SA, requer a reforma do acórdão 22/2/2018 porque a decisão, aí tomada, de não se admitir a revista pressupôs erradamente que o êxito dela dependeria da revogação de um juízo de facto enunciado pelo tribunal «a quo».
B…………., SA, respondeu, defendendo a inadmissibilidade do pedido de reforma ou, pelo menos, o seu indeferimento.
Cumpre decidir.
À margem do disposto no art. 672º, n.º 4, do CPC, esta formação tem conhecido de pedidos de reforma incidentes sobre decisões proferidas no âmbito do art. 150º do CPTA.
Apesar de admissível, a presente pretensão está votada ao insucesso. O TCA disse que não se apurara que a infra-estrutura presente «in situ» servisse o novo contrato. E o acórdão ora «sub specie» encarou essa afirmação do TCA como um genuíno «juízo de facto» – insindicável mediante recursos de revista.
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