Acórdão nº 06757/03 de Tribunal Central Administrativo Sul, 06 de Maio de 2004 (caso NULL)
Magistrado Responsável | Fonseca da Paz |
Data da Resolução | 06 de Maio de 2004 |
Emissor | Tribunal Central Administrativo Sul |
ACORDAM, EM CONFERÊNCIA, NO 1º. JUÍZO DO TRIBUNAL CENTRAL ADMINISTRATIVO SUL 1. Luísa ....., residente na Rua ....., em Lisboa, interpôs recurso contencioso de anulação do despacho, de 8/8/2002, do Secretário de Estado da Administração Interna, que indeferiu o seu pedido de integração no quadro da Direcção-Geral de Viação ao abrigo do D.L. nº. 81-A/96, de 21/6.
No seu visto inicial, o digno Magistrado do M.P. pronunciou-se pela rejeição do recurso, por falta de objecto, por considerar que a divergência entre a recorrente e a Administração assenta na interpretação e validade de um contrato, pelo que o acto impugnado seria meramente opinativo, devendo a questão ser resolvida através de acção, nos termos do art. 186º., nº 1, do CPA, e não de recurso contencioso.
A recorrente pronunciou-se sobre esta questão prévia, concluindo pelo seu indeferimento.
Colhidos os vistos legais, foi o processo submetido à Conferência para julgamento da referida questão prévia.
x2.1. Com relevância para a decisão, consideramos provados os seguintes factos: a) Sobre o pedido da recorrente de integração no quadro da Direcção-Geral de Viação ao abrigo do D.L. nº. 81-A/96, de 21/6, foi emitido o parecer da Auditoria Jurídica do Ministério da Administração Interna constante de fls. 45 a 47 dos autos, cujo teor aqui se dá por reproduzido, e onde se concluía que se devia negar provimento àquele pedido; b) Sobre o parecer referido na alínea anterior, o Secretário de Estado da Administração Interna proferiu o seguinte despacho, datado de 8/8/2002: "Concordo.
Nos termos e com os fundamentos do presente parecer e do parecer 223-R/01, indefiro os pedidos de Alexandra Maria da Silva e outros, id. na Inf. 261/GJC de 15-7-02, PP 89/02 da DGV.
Comunique-se à DGV, que notificará os interessados".
x2.2. Objecto do presente recurso contencioso, é o...
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