Acórdão nº 06897/03 de Tribunal Central Administrativo Sul, 22 de Maio de 2003 (caso NULL)
Data | 22 Maio 2003 |
Órgão | http://vlex.com/desc1/1998_02 |
ACORDAM, EM CONFERÊNCIA, NA 1ª. SUBSECÇÃO DA 1ª. SECÇÃO DO TRIBUNAL CENTRAL ADMINISTRATIVO 1. A..., com residência em Portugal na Rua ......., recorreu para este Tribunal da sentença do TAC de Coimbra que rejeitou o recurso contencioso que interpusera do despacho, de 31/8/2001, do Vereador do Ordenamento do Território e Gestão Urbanística da Câmara Municipal de Leiria.
Quer o recorrido, nas suas contra-alegações, quer a digna Magistrada do M.P., suscitaram a excepção da incompetência do TCA, por a competência para conhecer do recurso caber ao STA, nos termos do art. 26º., nº 1, al. b), do ETAF.
Notificado para se pronunciar sobre esta excepção, o recorrente nada disse.
Sem vistos, foi o processo submetido à Conferência para julgamentox2.1. Com relevância para a decisão estão provados os seguintes factos: a) Tendo o recorrente procedido a obras de reconstrução da sua moradia unifamiliar, sita na Rua do Nicho, Alqueidão, Boavista, Leiria, foi, em 4/3/99, elaborada a participação nº 1923, na sequência da qual, por despacho do Presidente da Câmara Municipal de Leiria de 5/3/99, foi a obra embargada; b) em 25/6/99, o recorrente solicitou a aprovação do projecto de arquitectura; c) esse pedido foi indeferido pelo despacho do recorrido de 31/8/2001.
x2.2. Tendo sido suscitada a excepção da incompetência deste Tribunal para conhecer do presente recurso jurisdicional, é desta questão que se deve decidir prioritariamente, nos termos do art. 3º da LPTA.
Vejamos então.
De acordo com o art. 40º., al. a), do ETAF, 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 de decisões dos tribunais administrativos de...
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