Acórdão nº 00067/04 de Tribunal Central Administrativo Sul, 01 de Abril de 2004 (caso NULL)
Magistrado Responsável | António de Almeida Coelho da Cunha |
Data da Resolução | 01 de Abril de 2004 |
Emissor | Tribunal Central Administrativo Sul |
Acordam no 1º Juízo Liquidatário do T.C.A. Sul1.
José ...., Rogério ....e José ....vieram interpor, para este T.C.A., o presente recurso jurisdicional que indeferiu a intimação do Presidente da Câmara Municipal de Albufeira para emissão de alvará de licença de construção, nos termos do art. 62º do Dec. Lei 445/91, de 20 de Novembro.
O Digno Magistrado do Ministério Público, no douto parecer que antecede, suscitou a excepção da incompetência absoluta do Tribunal, louvando-se em jurisprudência unânime do STA e deste TCA.
x x 2. A questão suscitada é de ordem pública e conhecimento prioritário, atento o disposto no artº 3º da L.P.T.A.
É hoje jurisprudência corrente que a intimação judicial para a emissão de alvará de licença de construção, prevista no art. 62º do Dec-Lei nº 445/91, de 20 de Novembro, com a redacção dada pelo Dec-Lei nº 250/94, de 15 de Outubro, como resulta do Preâmbulo deste último diploma, é um meio contencioso principal e não acessório, pelo que o conhecimento do recurso jurisdicional das decisões do Tribunal Administrativo de Círculo proferidas nesses processos não compete à Secção...
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