Acórdão nº 0130/15 de Supremo Tribunal Administrativo (Portugal), 12 de Março de 2015
Magistrado Responsável | V |
Data da Resolução | 12 de Março de 2015 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Formação de Apreciação Preliminar Acordam na Secção do Contencioso Administrativo do Supremo Tribunal Administrativo 1. A………………….. SA recorreu do acórdão proferido no TCA Sul em 20/11/2014 que, na acção administrativa comum intentada contra B……………., negou provimento a recurso de decisão do TAF de Ponta Delgada que julgou os tribunais administrativos incompetentes em razão da matéria.
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Para a questão em apreço – admissibilidade do recurso nos termos do art. 150º do CPTA – são relevantes os seguintes factos e ocorrências processuais: a) A ora recorrente intentou a presente acção administrativa comum pedindo a condenação da Ré a pagar-lhe a importância que considera devida por ter estacionado sem título válido um seu veículo em lugares de parqueamento de que a recorrente é concessionária, na cidade de Ponta Delgada, sem proceder ao pagamento do tempo de utilização, conforme regras devidamente publicitadas no local; b) O TCA Sul – negando provimento a recurso de decisão do TAF de Ponta Delgada – julgou os tribunais administrativos materialmente incompetentes, considerando competentes os tribunais tributários.
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O acórdão recorrido foi proferido no processo 10511/13, notificado ao ora recorrente nos termos e para os efeitos do art. 48º, n.º 5, do CPTA.
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Não verificam os pressupostos específicos da revista excepcional prevista no art. 150º do CPTA, como vem sido repetidamente decidido perante recursos interpostos pela mesma recorrente, suscitando as mesmas questões, perante decisões semelhantes à presente.
Em primeiro lugar, nos acórdãos de 12-9-2013 (processo 1129/12), de 24-10-2013 (processo 1287/13) e de 31-10-2013...
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