Acórdão nº 07156/03 de Tribunal Central Administrativo Sul, 16 de Junho de 2005 (caso NULL)
Magistrado Responsável | Fonseca da Paz |
Data da Resolução | 16 de Junho de 2005 |
Emissor | Tribunal Central Administrativo Sul |
ACORDAM, EM CONFERÊNCIA, NA 1ª. SECÇÃO, 1º. JUÍZO, DO TRIBUNAL CENTRAL ADMINISTRATIVO SUL 1. Mariete ....., gerente Comercial, residente na Avª...., em Monte do Estoril, interpôs, no TAC de Lisboa, recurso contencioso de anulação do acto, do Director do Serviço Sub Regional de Lisboa do Centro Regional de Segurança Social de Lisboa e Vale do Tejo, que lhe ordenou a reposição dos valores que recebera indevidamente, a título de subsídio de doença, no período entre 11/7/2000 e 13/9/2000.
Por sentença do TAC, foi esse recurso contencioso rejeitado, por manifesta ilegalidade da sua interposição.
A recorrente interpôs recurso jurisdicional dessa sentença, omitindo o Tribunal para que recorria, mas endereçando as suas alegações aos "Venerandos juízes Conselheiros do Supremo Tribunal Administrativo".
A Srª. juíza "a quo", no despacho de fls. 164 dos autos, determinou que os autos subissem ao T.C.A..
Neste T.C.A., o digno Magistrado do M.P. emitiu parecer, onde se pronunciou pela improcedência do recurso.
Colhidos os vistos legais, foi o processo submetido à Conferência para julgamento.
x2.1. A matéria de facto pertinente é a que foi considerada provada na sentença recorrida, a qual se dá aqui por reproduzida, nos termos do nº 6 do art. 713º. do C.P. Civil.
x2.2. De acordo com o art. 40º., al. a), do E.T.A.F., na redacção resultante do D.L. nº. 229/96, de 29/11, compete à Secção do Contencioso Administrativo do Tribunal Central Administrativo conhecer dos recursos das decisões dos tribunais administrativos de círculo que versem sobre matéria relativa ao funcionalismo público ou que tenham sido proferidas em meios processuais acessórios.
Matéria relativa ao funcionalismo público é a que tem por objecto a definição de uma situação decorrente de uma...
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