Acórdão nº 11069/02 de Tribunal Central Administrativo Sul, 22 de Setembro de 2004 (caso NULL)
Magistrado Responsável | António Coelho da Cunha |
Data da Resolução | 22 de Setembro de 2004 |
Emissor | Tribunal Central Administrativo Sul |
Acordam no 1º Juízo Liquidatário, do T.C.A. Sul Em obediência à determinação do STA, cumpre conhecer das pretensas nulidades do Acordão, invocadas pelo recorrente.
Este entende, em suma, que o Acordão, "para além, de não atender aos elementos clínicos constantes do parecer da CPIP quanto à inexistência do diagnóstico de "perturbação pós-traumática" de stress, pronuncia-se ainda sobre matéria de perícia médica (quando afirma que o transtorno neurótico consubstancia PPST." Segundo o recorrente, a decisão encontra-se ferida de nulidade, nos termos da alínea d) do art. 668º do C.P.C., por pretenso conhecimento de questões de que não podia tomar conhecimento.
Nada de mais erróneo.
Como resulta do Parecer da Digna Magistrada do Ministério Público de fls. 88 e 89 e do teor do Acordão, o acto deveria ser anulado, uma vez que, segundo o nº 3, acrescentado ao art. 1º do D.L. 43/76 pela Lei 46/99, "o legislador afastou os requisitos da prestação de serviço militar que condicionam a atribuição do estatuto de DFA, previstos no número anterior, criando, deste modo, uma situação mais abrangente que abarca todos os casos de perturbação psicológica relacionada com a exposição a factores...
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