Acórdão nº 046051 de Supremo Tribunal Administrativo (Portugal), 06 de Março de 2007
Magistrado Responsável | JORGE DE SOUSA |
Data da Resolução | 06 de Março de 2007 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam no Pleno da Secção do Contencioso Administrativo do Supremo Tribunal Administrativo: A... interpôs o presente recurso para este Pleno do despacho do Excelentíssimo Relator na Secção que indeferiu o pedido de consulta do processo e do acórdão de 21-6-2005 que julgou improcedente o recurso contencioso que interpôs de um acórdão do Plenário do Conselho Superior do Ministério Público.
Relativamente ao recurso do despacho, em que foi recusada a consulta dos autos no domicílio profissional do Recorrente, o Excelentíssimo Magistrado do Ministério Público suscita a questão prévia da sua inadmissibilidade.
O Recorrente defende em suma, que a Secção teve oportunidade por três vezes de se pronunciar sobre o recurso intercalar.
Do referido despacho não cabe recurso para este Pleno, como resulta inequivocamente do art. 24.º do ETAF de 1984, em que apenas de prevê a possibilidade de recurso jurisdicional para o Pleno de acórdãos, e não de despachos, proferidos pela Secção do Contencioso Administrativo do Supremo Tribunal Administrativo.
Assim, não sendo o recurso admissível, tem de se concluir que ele foi indevidamente admitido e, por isso, não se pode dele tomar conhecimento.
Constata-se, no entanto, que o referido despacho era impugnável através de reclamação para a conferência, nos termos do n.º 2 do art. 111.º da LPTA.
Por isso, a interposição de recurso desse despacho consubstancia opção por um meio processual inadequado, situação em que em vez do despacho de admissão do recurso se deveria ter ordenado que o processo seguisse a forma processual adequada, nos termos do art. 199.º, n.º 1, do CPC, subsidiariamente aplicável, por força do disposto no art. 1.º da...
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