Acórdão nº 0124/03 de Supremo Tribunal Administrativo (Portugal), 29 de Maio de 2003
Magistrado Responsável | JOÃO CORDEIRO |
Data da Resolução | 29 de Maio de 2003 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam em conferência, na 1ª Secção do STA: - Oportunamente e no TAC/L, A.... interpôs recurso contencioso de anulação da deliberação de 9-9-98, da CÂMARA MUNICIPAL DE OEIRAS que determinou o despejo sumário das suas instalações, sem sua prévia audiência, sem qualquer fundamentação e com desvio de poder.
O processo correu os seus regulares e ulteriores termos, vindo, a final e por sentença de 22-3-02 a ser negado provimento ao recurso.
Foi interposto recurso jurisdicional, suscitando a recorrente, no termo das respectivas alegações a questão da falta de assinatura da resposta ao recurso pela autoridade recorrida, tal como a obrigava o art. 26º da LPTA, sendo certo que o senhor juiz se não pronunciou sobre esta questão, oportunamente suscitada.
Foi apresentada contraminuta, concluindo-se pelo improvimento do recurso.
O EMMP emitiu parecer no sentido do improvimento do recurso.
O processo correu os vistos legais, cumprindo-nos, agora, a decisão.
Nos termos do disposto no art. 713º/6 do CPC, dá-se, aqui, por inteiramente reproduzido o julgamento de facto realizado na 1ª instância: Passando-se à análise da questão única suscitada nas conclusões das alegações, vemos que, efectivamente, o articulado de resposta à petição da recorrente é subscrito pela ilustre mandatária forense constituída pela autoridade ora recorrida.
Porém, e contrariamente ao que vem defendido pela recorrente, tal não viola o art. 26º/2 da LPTA.
Na verdade, os recursos dos...
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