Acórdão nº 0646/18 de Supremo Tribunal Administrativo, 21 de Setembro de 2018
Magistrado Responsável: | SÃO PEDRO |
Data da Resolução: | 21 de Setembro de 2018 |
Emissor: | Supremo Tribunal Administrativo |
Formação de Apreciação Preliminar – art. 150º, 1, do CPTA.
Acordam no Supremo Tribunal Administrativo (art. 150º, 1 do CPTA) 1.
Relatório 1.1.O SINDICATO NACIONAL DO ENSINO SUPERIOR recorreu, nos termos do art. 150º, 1, do CPTA, para este Supremo Tribunal Administrativo do acórdão do TCA Sul, proferido em 12 de Janeiro de 2018, que confirmou a sentença proferida na 1ª instância, na parte em que esta o condenou em custas.
1.2. Fundamenta a admissão do recurso com vista a uma melhor aplicação do direito, relativamente à questão de saber se, no presente processo, age na defesa de interesses colectivos ou na defesa colectiva de interesses dos seus associados, sendo que pugnava na presente acção pelo reconhecimento do direito a diferenças remuneratórias dos seus associados por entender inaplicável a estes o art. 20º da Lei do Orçamento de Estado de 2012.
1.3. A entidade recorrida – Escola Superior de Enfermagem de Coimbra – não contra - alegou.
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Matéria de facto Os factos dados como provados são os constantes do acórdão recorrido para onde se remete.
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Matéria de Direito 3.1. O artigo 150.º, n.º 1, do CPTA prevê que das decisões proferidas em 2ª instância pelo Tribunal Central Administrativo possa haver, excepcionalmente, 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 direito». Como decorre do próprio texto legal e a jurisprudência deste STA, tem repetidamente sublinhado trata-se de um recurso excepcional, como de resto o legislador cuidou de sublinhar na Exposição de Motivos das Propostas de Lei nºs 92/VIII e 93/VIII, considerando-o como uma «válvula de segurança do sistema», que só deve ter lugar, naqueles precisos termos.
3.2. O TCA Sul negou provimento ao recurso da sentença da 1ª instância por entender que as referidas normas eram aplicáveis e na parte final condenou a recorrente em custas.
3.3. A recorrente requereu a rectificação do acórdão do TCA Sul quanto a custas, alegando litigar com a isenção subjectiva nos termos do art. 4º, n.º 1, al. f) do RCP e por se tratar da defesa colectiva de interesses colectivos beneficiaria ainda da isenção prevista no art. 310º, n.º 3 do RCTFP, à data em vigor.
3.4. Em acórdão de 28-2-2018 o TCA Sul indeferiu a referida pretensão invocando para tanto o acórdão uniformizador de...
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