Acórdão nº 01786/98/A de Tribunal Central Administrativo Sul, 27 de Janeiro de 2005 (caso NULL)
Magistrado Responsável | Xavier Forte |
Data da Resolução | 27 de Janeiro de 2005 |
Emissor | Tribunal Central Administrativo Sul |
O exequente , Mário ...., Sargento-Chefe do Exército , veio requerer a declaração de inexistência de causa legítima de inexecução , nos termos do nº 1 , do artº 7º , do DL nº 256-A/77 , de 17-06 .
Por acórdão , de 17-03-04 , fls. 21 e ss , foi declarada a inexistência de causa legítima de inexecução .
Por despacho de fls. 30 foram notificadas as partes , nos termos do artº 9º , 1 , do DL nº 256-A/77 , de 17-06 .
O requerente/exequente veio dizer que a autoridade requerida deve inserir o requerente na lista de promoção de 1998 de Sargentos-Chefe do Serviço de Saúde ao posto de Sargento-Mor , e porque , entretanto , abriram vagas deve promover o requerente a Sargento-Mor .
A entidade requerida nada disse .
O Digno Magistrado do MºPº emitiu douto parecer , no sentido de o tribunal especificar os actos e operações em que a execução deverá consistir .
MATÉRIA de FACTO : Nos termos do artº 713º , 6 , do CPC , remete-se a fundamentação de facto para a constante do acórdão , de fls. 21 e ss , em que foi declarada a inexistência de causa legítima de inexecução .
O DIREITO : Consta do acórdão do TCA , de 18-04-02 , que de acordo com o artº 18º , nº 1 , do RAMME , as listas de promoção elaboradas pelos Conselhos das Armas e dos Serviços ( CA/CS) são remetidas aos serviços do Ajudante General do Exército , com parecer do respectivo director ou chefe , fundamentando , em especial , as suas disposições em relação a essas listas, constituíndo elemento informativo do CEME , para efeitos de decisão .
Mais se verifica que não consta do PI , nem a entidade recorrida alegou que tal parecer tivesse sido formulado , ou , eventualmente , as razões pelas quais o mesmo não foi proferido .
Estando o director ou chefe do notado colocado na cadeia hierárquica do comando , o...
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