Acórdão nº 01632/16.0BELSB de Supremo Tribunal Administrativo (Portugal), 01 de Março de 2019
Magistrado Responsável | MADEIRA DOS SANTOS |
Data da Resolução | 01 de Março de 2019 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam, em apreciação preliminar, no Supremo Tribunal Administrativo: A……………., recorrente identificado nos autos, vem «reclamar» — «junto da conferência» do STA — do acórdão desta formação que, em 11/1/2019, não admitiu a revista que ele interpusera.
O reclamante, reeditando a argumentação já inserta na revista, considera indiciado o «fumus boni juris» da sua providência cautelar e defende, por isso mesmo, que o aresto reclamado errou e deve ser substituído por uma pronúncia de recebimento do recurso.
A parte adversa não se pronunciou.
Cumpre decidir.
O objecto da presente reclamação é um acórdão — e não um despacho do relator. Daí que esta reacção contra tal aresto não possa ser qualificada como uma «reclamação para a conferência» (cfr. o art. 27º, n.º 2, do CPTA).
Todavia, a reclamação é aproveitável enquanto pedido de reforma (arts. 616º, 666° e 685° do CPC). E apreciá-la-emos a esta luz — apesar do que se dispõe no art. 672°, n.º 4, do CPC.
Ora, o acórdão «sub specie» só poderia ser alvo de reforma se nele houvesse um «manifesto lapso», necessitado...
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