Acórdão nº 01352/04 de Supremo Tribunal Administrativo (Portugal), 24 de Fevereiro de 2005
Data | 24 Fevereiro 2005 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
Acordam, em conferência, na Secção do Contencioso Administrativo do Supremo Tribunal Administrativo: I. A CÂMARA MUNICIPAL DE VILA FRANCA DE XIRA recorreu jurisdicionalmente para este STA da sentença do Tribunal Administrativo do Círculo de Lisboa, de 09.12.2003 (fls. 45 e segs.), que, a requerimento de "A...", declarou a inexistência de causa legítima de inexecução do acórdão de 25.07.2001 da 1ª Subsecção da 1ª Secção do Supremo Tribunal Administrativo, de 25.07.2001, pelo qual foi confirmada a sentença daquele TAC que anulara a deliberação de adjudicação à "B..." da aquisição de quatro máquinas varredoras-aspiradoras para limpeza urbana.
Apresentou a alegação de fls. 64 e segs., na qual conclui pedindo o provimento do recurso jurisdicional e a consequente declaração de existência de causa legítima de inexecução do acórdão exequendo.
A recorrida A... apresentou a contra-alegação de fls. 71 e segs., sustentando a confirmação da decisão impugnada.
O Exmo magistrado do Ministério Público neste Supremo Tribunal veio deduzir a excepção de incompetência deste STA para conhecer do presente recurso jurisdicional, por vir interposto de decisão proferida em meio processual acessório, para o qual é competente o TCA (art. 40º, al. a) do ETAF).
Notificada a recorrente para se pronunciar sobre a excepção deduzida, nada por ela foi dito.
Com dispensa de vistos, vêm os autos à conferência.
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Importa conhecer, antes de mais, da suscitada questão da incompetência, sendo que a mesma "é de ordem pública, e o seu conhecimento precede o de outra matéria" (art. 3º da LPTA).
Como se referiu, a decisão aqui impugnada...
Para continuar a ler
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