Acórdão nº 0588/02 de Supremo Tribunal Administrativo (Portugal), 16 de Abril de 2002
Magistrado Responsável | ROSENDO JOSÉ |
Data da Resolução | 16 de Abril de 2002 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam em conferência na Secção do Contencioso Administrativo do STA: Neste recurso jurisdicional a sociedade A... impugna a decisão proferida em sentença do TAC do Porto de 25.01.02 que rejeitou a providência cautelar não especificada de intimação da Direcção Geral das Pescas e Aquacultura a emitir licença de pesca da embarcação "..." com artes de palangre, redes de emalhar e de tresmalhe e a admitir o projecto de candidatura a subsídio para a substituição da embarcação nos termos das al. a) e b-ii) do artigo 5.º da Portaria 1078/2000, de 8 de Novembro.
O EMMP emitiu douto parecer no sentido de se declarar a competência do TCA para conhecer do presente recurso e a consequente incompetência deste STA.
Cumpre decidir, independentemente de vistos, atenta a urgência, a natureza da questão e o disposto no artigo 3.º da LPTA que considera prioritário e de ordem pública o conhecimento da competência nos tribunais administrativos.
Como se retira da decisão de fls. 91-93, a mesma foi proferida em processo de providência cautelar não especificada, que é dependência de um processo principal, a acção de reconhecimento do direito que se encontrava pendente no TAC do Porto e cujos efeitos úteis pretende assegurar...
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