Acórdão nº 12372/03/A de Tribunal Central Administrativo Sul, 29 de Maio de 2003 (caso NULL)
Data | 29 Maio 2003 |
Órgão | http://vlex.com/desc1/1998_02 |
Acordam na 1ª Secção (2ª Subsecção) do T.C.A.
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Relatório M...., professora do 1º Ciclo do Ensino Básico, veio requerer a suspensão da eficácia do acto do Secretário de Estado da Administração Educativa que lhe aplicou a pena de inactividade por dois anos, na sequência de processo disciplinar que lhe foi instaurado.
A entidade recorrida respondeu defendendo a improcedência do recurso.
O Digno Magistrado do Ministério Público, no douto parecer de fls. 38, pronunciou-se no sentido do indeferimento da providência.
Sem vistos, dada a natureza urgente do processo, vieram os autos à conferência para julgamento.
x x 2- Matéria de Facto Mostra-se indiciariamente adquirida a seguinte factualidade: a) A requerente foi colocada, no presente ano lectivo de 2002/2003, numa Escola Oficial do Distrito de Castelo Branco, onde está a dar aulas; - b) Em consequência de processo disciplinar que lhe foi instaurado, foi-lhe aplicada a pena de inactividade por dois anos c) Interpôs recurso para o Sr. Secretário de Estado da Administração Educativa, que confirmou a sanção aplicada pela Directora Regional da Educação Centro.
x x 3. Direito Aplicável O objecto da presente providência é o despacho punitivo de 19.12.2002 que, na sequência de processo disciplinar, aplicou à requerente a pena de inactividade por dois anos.
Como é sabido no artº 76º da LPTA estão previstos os requisitos do decretamento da suspensão de eficácia, de verificação cumulativa.
Logo no tocante ao requisito da al. a) do nº 1 do artº 76º da LPTA, a requerente não específica quaisquer factos concretos susceptíveis de integrar o conceito de...
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