Acórdão nº 0114/18.0BEMDL de Supremo Tribunal Administrativo, 17 de Dezembro de 2020
Magistrado Responsável: | TERESA DE SOUSA |
Data da Resolução: | 17 de Dezembro de 2020 |
Emissor: | Supremo Tribunal Administrativo |
Acordam no Supremo Tribunal Administrativo 1. Relatório A…………, melhor identificado nos autos, interpõe recurso nos termos do art. 150º do CPTA, do acórdão do TCA Norte, proferido em 28.06.2019, que negou provimento ao recurso jurisdicional por este interposto mantendo a sentença recorrida.
O Recorrente pretende com a revista uma melhor aplicação do direito.
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Os Factos Os factos dados como provados são os constantes do acórdão recorrido para onde se remete. .
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O Direito O art. 150º, nº 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 uma importância fundamental” ou “quando a admissão do recurso seja claramente necessária para uma melhor aplicação do direito”.
Como resulta do próprio texto legal, e a jurisprudência deste STA tem repetidamente sublinhado, trata-se de um recurso excepcional, como, aliás, o legislador sublinhou na Exposição de Motivos das Propostas de Lei nºs 92/VIII e 93/VIII, considerando o preceito como uma “válvula de segurança do sistema”, que só deve ter lugar, naqueles precisos termos.
Nos presentes autos o aqui Recorrente demandou o Ministério da Administração Interna / Serviço de Estrangeiros e Fronteiras (SEF) no TAF de Mirandela, pedindo que este fosse condenado à prática do acto de remessa da petição inicial apresentada no SEF ao Tribunal Administrativo de Círculo de Lisboa.
Por sentença de 26.12.2018 o TAF de Mirandela julgou totalmente improcedente a acção, absolvendo o réu do pedido.
O aqui Recorrente interpôs recurso desta sentença para o TCA Norte, imputando àquela decisão erro de julgamento, por violação dos princípios da prossecução do interesse público, da protecção dos direitos e interesses do cidadão (art. 4º), da proporcionalidade (art. 7º), da justiça e da razoabilidade (art. 8º), da boa fé (art. 10º), da colaboração com os particulares (art. 11º, todos os preceitos enunciados, do CPA) e por violação do disposto no art. 14º do CPTA, 266º da CRP e arts. 108º e 41º do CPA.
O acórdão recorrido negou provimento ao recurso, confirmando a decisão de 1ª instância.
Na presente revista o recorrente imputa ao acórdão recorrido erro de julgamento de direito, por violação dos preceitos já indicados, sendo que a questão aqui em causa é a de saber se o Réu estava obrigado a remeter...
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