Acórdão nº 12300/03 de Supremo Tribunal Administrativo (Portugal), 01 de Julho de 2004 (caso None)
Magistrado Responsável | António Coelho da Cunha |
Data da Resolução | 01 de Julho de 2004 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam no 1º Juízo Liquidatário do T.C.A. Sul 1. O Sr. Director Geral dos Impostos veio requerer a reforma do Acordão proferido nos autos, nos termos dos arts. 669 nº 2 als. a) e b) e 716º nº 1 do C.P.C. - Alega, em síntese, que o acordão reclamado incorreu num lapso manifesto ao aderir aos fundamentos de facto e de direito constantes da decisão proferida, e ao entender que "a decisão de manter a exclusão do recorrente do concurso, não porque este não possuia os requisitos nos termos da intercomunicabilidade vertical, mas pelo simples facto de o respectivo Aviso de Abertura não prever o número de lugares a prover nos termos da intercomunicabilidade vertical, violou frontalmente o disposto no art. 3º nº 1 e 3 do D.L. 404-A/98, de 18 de Dezembro. Acresce que o Tribunal não teve em conta, aquando da prolação da decisão, o facto que está devidamente comprovado nos autos de que não existiam vagas à data da abertura do concurso em causa, logo, de que não podia ser aberta, pelo menos, uma vaga para ser preenchida por via da intercomunicabilidade vertical Conclui, assim, ter ocorrido manifesto lapso na determinação da norma aplicável aos factos, que era o nº 5 do art. 8º do D.L. 204/98, de 11.7.
Salvo o devido respeito, o requerente não tem razão.
Como referiu o Digno Magistrado do Mº Pº no parecer de fls. 189, (...) "no caso concreto, não se configuram quaisquer dúvidas sobre a razão do recorrido, quanto à intercomunicabilidade e aplicação do respectivo princípio, tanto mais que não constituiria impedimento a inexistência de vagas...
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