Acórdão nº 01102/04.0BEBRG de Supremo Tribunal Administrativo (Portugal), 11 de Março de 2021
Magistrado Responsável | MADEIRA DOS SANTOS |
Data da Resolução | 11 de Março de 2021 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam, em apreciação preliminar, no Supremo Tribunal Administrativo: A………….. e mulher, B……………., identificados nos autos, interpuseram a presente revista do acórdão do TCA Norte que indeferiu o pedido de reforma do aresto, do mesmo tribunal, confirmativo da sentença do TAF de Braga que julgara improcedente a acção por eles movida a dois ministérios e outros réus e relacionada com expropriações.
Os recorrentes pugnam por uma melhor aplicação do direito.
Não houve qualquer contra-alegação.
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).
O TAF de Braga julgou improcedente a acção dos autos, que os recorrentes haviam instaurado a fim de impugnarem actos declarativos da utilidade pública de expropriações recaídas sobre um seu imóvel.
E o TCA, por acórdão de 29/9/2018, negou provimento à apelação deduzida pelos autores.
Eles interpuseram um recurso de revista desse aresto. Mas, por acórdão do STA de 14/10/2019, tal revista não foi admitida.
Os aqui recorrentes formularam então um pedido de reforma daquele acórdão de 29/9/2018. E, instado pelo STA a apreciá-lo, o TCA – através do aresto de 16/10/2020, ora «sub specie» –...
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