Acórdão nº 00021/04 de Supremo Tribunal Administrativo (Portugal), 09 de Junho de 2004 (caso None)
Magistrado Responsável | António de Almeida Coelho da Cunha |
Data da Resolução | 09 de Junho de 2004 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam na Secção Administrativa do T.C.A. Sul 1. Maria ....., Assistente Hospitalar de Cirurgia do quadro de pessoal médico do Hospital de Santa Maria, veio interpor recurso contencioso do acto do Sr. Secretário de Estado Adjunto do Ministro da Saúde, de indeferimento tácito do recurso hierarquico interposto da deliberação do Conselho de Administração do Hospital de Santa Maria, homologatório da lista de classificação final dos candidatos ao concurso interno condicionado para provimento de dois lugares de Chefe de Serviço de Cirurgia Geral da carreira médico-hospitalar (publicado no BI nº 60 de 9.04.2001.
Em 18 de Junho de 2003, portanto já na pendência do recurso, foi proferido acto expresso, da autoria do Sr. Secretário de Estado Adjunto do Ministro da Saúde (cfr. fls. 167), negando provimento ao recurso hierarquico por aquela interposto.
Contudo, apesar de há muito devidamente notificada de tal acto expresso (em 21.7.03, como refere a própria recorrente a fls. 195), a recorrente não requereu, no prazo legal, a ampliação ou a substituição do objecto, apenas vindo a fazê-lo em 14 de Janeiro de 2004 (fls. 14).
x x 2. Nos termos do nº 1 do art. 51º da L.P.T.A, "Quando seja proferido acto expresso na pendência de recurso de indeferimento tácito, pode o recorrente pedir a ampliação ou a substituição do respectivo objecto, com a faculdade de invocação de novos fundamentos, desde que a requeira no prazo de um mês, a contar da notificação ou publicação do acto expresso".
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