Acórdão nº 02587/16.7BEPRT de Supremo Tribunal Administrativo (Portugal), 05 de Abril de 2019
Magistrado Responsável | MADEIRA DOS SANTOS |
Data da Resolução | 05 de Abril de 2019 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam, em apreciação preliminar, no Supremo Tribunal Administrativo: A…………, identificado nos autos, interpôs esta revista do acórdão do TCA Norte que, revogando a sentença anulatória e condenatória do TAF do Porto - proferida numa acção interposta pelo aqui recorrente contra o Fundo de Garantia Salarial com vista a anular o acto que indeferira o seu pedido, de pagamento de créditos laborais, e a condenar a Administração a prestar-lhe a quantia peticionada - julgou a acção totalmente improcedente.
O recorrente busca, com a sua revista, uma melhor aplicação do direito. O FGS contra-alegou, defendendo a manutenção do aresto recorrido.
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. 150°, n.º 1, do CPTA).
O FGS indeferira o pedido do autor, datado de 2/8/2014, de que lhe assegurasse o pagamento de créditos laborais devidos pela sua antiga entidade patronal.
O TAF suprimiu esse acto de indeferimento e condenou o FGS a pagar ao autor o «quantum» peticionado. Mas o TCA revogou a sentença e julgou a acção improcedente porque os créditos do autor não se incluiriam no período temporal previsto no art. 319° da Lei n.º 35/2004, de 29/7 - já que o contrato de trabalho do autor cessara muito antes dos seis meses que antecederam a propositura da acção de insolvência da entidade patronal devedora.
Na presente revista, o recorrente insurge-se contra o aresto dizendo, fundamentalmente, que...
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