Acórdão nº 11317/02 de Tribunal Central Administrativo Sul, 17 de Outubro de 2002 (caso NULL)
Magistrado Responsável | António de Almeida Coelho da Cunha |
Data da Resolução | 17 de Outubro de 2002 |
Emissor | Tribunal Central Administrativo Sul |
Acordam na 1ª Secção (2ª Subsecção) do T.C.A.
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C...., id. nos autos, intentou no T.A.C. de Lisboa recurso contencioso de anulação do despacho de 11.4.2000 do Sr. Director Geral dos Serviços Prisionais, pelo qual foi exonerado das suas funções de motorista.
Considerando que, no caso concreto, o acto do Sr. D.G.S.P. se compreendia numa competência que lhe não era exclusiva, por a mesma não resultar de qualquer dispositivo legal, cabendo recurso hierarquico necessário para o Sr. Ministro da tutela respectiva, o Mmo. Juiz do T.A.C. de Lisboa, por sentença de 6.6.2001, rejeitou liminarmente o recurso.
É desta decisão que vem interposto o presente recurso, no qual o recorrente formula as conclusões de fls. 74 e seguintes.
O recorrido contra-alegou, pedindo a manutenção do julgado.
A Digna Magistrada do Mº Pº emitiu douto parecer, no sentido de ser negado provimento ao recurso. x x 2. A matéria de facto é a dada como provada em 1ª instância (art. 713º nº 6 do Cod. Pr. Civil).
x x 3. Como é visível, a questão a decidir ja tem sido jurisdicionalmente apreciada de modo uniforme e reiterado, pelo que o Tribunal está habilitado a proferir decisão sumária (art. 705º do Cod. Pr. Civil).
Na verdade, o recurso hierarquico necessário, com as revisões constitucionais operadas pelas...
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