Acórdão nº 0358/18.5BESNT de Supremo Tribunal Administrativo (Portugal), 11 de Janeiro de 2019
Magistrado Responsável | MADEIRA DOS SANTOS |
Data da Resolução | 11 de Janeiro de 2019 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam, em apreciação preliminar, no Supremo Tribunal Administrativo: A………., identificado nos autos, interpôs a presente revista do acórdão do TCA Sul que, revogando a sentença apelada – em que o TAF de Sintra deferira o meio cautelar dos autos, deduzido pelo ora recorrente contra o Ministério da Justiça a fim de suspender a eficácia do acto que, negando provimento a um recurso hierárquico, mantivera a pena disciplinar de demissão aplicada ao requerente – indeferiu a providência porque o acto suspendendo seria inimpugnável.
O recorrente defende a necessidade de se revogar o aresto recorrido.
O Ministério da Justiça pugna pelo não provimento do recurso.
Cumpre decidir.
Em princípio, as decisões proferidas em 2.ª instância pelos TCA’s não são susceptíveis de recurso para o STA. Mas, excepcionalmente, tais decisões podem ser objecto de recurso de revista em duas hipóteses: quando estiver em causa a apreciação de uma questão que, pela sua relevância jurídica ou social, assuma uma importância fundamental; ou quando a admissão da revista for claramente necessária para uma melhor aplicação do direito («vide» o art. 150º, n.º 1, do CPTA).
Confrontado com o acto de um Director-Geral que lhe aplicou a pena disciplinar de demissão, o ora recorrente deduziu dele um recurso hierárquico – qualificado pelas instâncias como necessário – para a Ministra da Justiça. Tal recurso hierárquico veio a ser indeferido por um Secretário de Estado, com delegação de poderes. E, em seguida, o aqui recorrente pediu «in judicio» a suspensão da eficácia do acto praticado por essa entidade «ad...
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