Acórdão nº 10482/01 de Tribunal Central Administrativo Sul, 04 de Julho de 2002 (caso NULL)
Magistrado Responsável | António de Almeida Coelho da Cunha |
Data da Resolução | 04 de Julho de 2002 |
Emissor | Tribunal Central Administrativo Sul |
Acordam na 1ª Secção (2ª Subsecção) do T.C.A.
A ...., interpôs no T.A.C. do Porto recurso contencioso de anulação do acto de exoneração do recorrente, tomado por deliberação de 11 de Outubro de 1994 da Comissão Executiva do INSTITUTO DO EMPREGO E FORMAÇÃO PROFISSIONAL, e aprovado pelo Secretário de Estado do Emprego e Formação Profissional por despacho de 11.10.94.
Por decisão de 25.1.2001, o Mmo. Juiz do T.A.C. do Porto considerou este Tribunal incompetente em razão da matéria, uma vez que em seu entender o despacho final de exoneração do recorrente foi o proferido em 11.10.94 pelo Secretário de Estado do Emprego e Formação Profissional, sendo assim competente o Tribunal Central Administrativo.
Remetidos os autos a este Tribunal, tanto a autoridade recorrida como a Digna Magistrada do Ministério Público se pronunciaram no sentido da incompetência material deste T.C.A., continuando o recorrente a defender a sua anterior posição.
Cumpre apreciar: Como refere a Digna Magistrada do Ministério Público, o Instituto do Emprego e Formação Profissional, cujo estatuto foi aprovado pelo Dec-Lei 247/85 de 12 de Julho, é uma pessoa colectiva de direito público, integrada na administração indirecta do Estado, qualificado como instituto público. - Os actos...
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