Acórdão nº 0160/08 de Supremo Tribunal Administrativo (Portugal), 06 de Março de 2008
Magistrado Responsável | AZEVEDO MOREIRA |
Data da Resolução | 06 de Março de 2008 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam na Secção de Contencioso Administrativo do Supremo Tribunal Administrativo (STA): A..., identifica nos autos, sob invocação do disposto no art. 150º do Código de Processo nos Tribunais Administrativos (CPTA), vem recorrer do acórdão do Tribunal Central Administrativo Norte (TCAN) que, confirmando uma sentença do Tribunal Administrativo e Fiscal de Braga (TAFB), julgou improcedente uma acção administrativa especial em que a ora recorrente impugnava uma deliberação da Câmara Municipal de Vila Verde que lhe aplicara a pena disciplinar de 20 dias de suspensão.
Alega a favor da admissão do recurso a necessidade de melhor aplicação do direito numa questão que, no seu entender se revela de interesse social, uma vez que a sanção disciplinar aplicada à recorrente se alicerçou num despacho de um vereador da referida câmara que não constituía qualquer ordem de serviço ou acto administrativo, pelo que a deliberação impugnada teria violado o disposto nos arts. 120° do Código do Procedimento Administrativo e 3° nos 3 e 4 da Lei n° 116/97 de 4.11.
É esta a questão de direito que a recorrente pretende submeter a revista, juntamente com outras matérias que deixamos de lado atenta a sua coloração de facto.
Não houve contra-alegação e importa decidir.
Este Supremo Tribunal tem insistentemente sublinhado, solidamente ancorado na letra e no espírito da lei, que o recurso previsto no art. 150º do CPTA, não se configura como um recurso normal de revista, mas antes como um recurso verdadeiramente excepcional, apenas admissível nos estritos termos definidos no preceito: é...
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