Acórdão nº 11034/01 de Tribunal Central Administrativo Sul, 13 de Fevereiro de 2003 (caso NULL)
Magistrado Responsável | Beato de Sousa |
Data da Resolução | 13 de Fevereiro de 2003 |
Emissor | Tribunal Central Administrativo Sul |
Acordam, em conferência, na Secção de Contencioso Administrativo do Tribunal Central Administrativo: A Direcção da Caixa Geral de Aposentações (CGA) interpôs recurso das decisões do Tribunal Administrativo de Círculo de Lisboa (TAC) constantes de fls. 21/22 e fls. 38/43.
A primeira dessas decisões é o despacho que julgou improcedente a questão prévia da intempestividade do recurso contencioso interposto por A.....
A segunda é a sentença que julgou procedente esse recurso e anulou o despacho proferido em 29-3-85 pelo Director Coordenador da CGA que ordenou o arquivamento, com fundamento na falta da nacionalidade portuguesa da requerente, do pedido de aposentação formulado pela Recorrente, ora agravada, ao abrigo do DL 362/78, de 28/11, e legislação complementar.
Na sua alegação de recurso jurisdicional, a autoridade agravante formulou as seguintes conclusões: Ao conceder provimento ao recurso, violou a douta sentença recorrida: 1 - O art. 25º, nº1, do DL 267/85, de 16/7, em cujos termos só é admissível recurso de actos definitivos e executórios, quando o acto recorrido, sendo um acto interno como se demonstrou, carece de definitividade.
2 - O art. 1º, nº2, do DL 362/78, de 28/11, em cujos termos as suas normas apenas se aplicam a quem veio para Portugal por motivo da descolonização, sem direito a ingresso na função pública e reunindo os requisitos de idade e tempo de serviço previstos no art. 37º do Estatuto da Aposentação.
No seu douto parecer de fls. 87/90, o Ministério Público entendeu ser de negar provimento aos dois recursos jurisdicionais.
Ao primeiro, por não ter sido produzida qualquer alegação quanto à questão da tempestividade do recurso, tratada no despacho...
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