Acórdão nº 0517/05 de Supremo Tribunal Administrativo (Portugal), 11 de Maio de 2005
Magistrado Responsável | ADÉRITO SANTOS |
Data da Resolução | 11 de Maio de 2005 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam, na Secção do Contencioso Administrativo, do Supremo Tribunal Administrativo: 1.
A..., vendedor ambulante em roulotte-bar no concelho de Oeiras, melhor identificado nos autos, requereu no Tribunal Administrativo e Fiscal de Sintra, como preliminar a acção administrativa comum, em processo ordinário, nos termos do art. 112, nº 1 e 2, als. a) e d), do Código de Processo nos Tribunais Administrativos (CPTA) providência cautelar de autorização provisória de prosseguimento daquela sua actividade.
Por sentença de 4.3.05, constante de fls. 125 a 136, dos autos, foi julgado improcedente o pedido de decretamento de providência cautelar formulado, por se concluir, sumariamente, que não se verifica o requisito do art. 112, nº 1 CPTA, por não ser possível a concessão, em sede de acção principal, do direito que o requerente pretende acautelar.
Inconformado com tal decisão, o requerente veio recorrer (fls. 142, dos autos) para este Supremo Tribunal Administrativo, sob invocação dos arts 141, 142 e 151, todos do CPTA.
O recurso foi admitido, por despacho constante de fls. 172, dos autos.
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Porém, conforme o estabelecido no citado 151 CPTA, é pressuposto do recurso de revista, para este Supremo Tribunal, de decisão de Tribunal Administrativo de Circulo, que o valor da causa seja superior a três milhões...
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