Acórdão nº 0649/07 de Supremo Tribunal Administrativo (Portugal), 18 de Setembro de 2007
Data | 18 Setembro 2007 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
Acordam na Secção de Contencioso Administrativo do Supremo Tribunal Administrativo (STA): O Município de Matosinhos, invocando o disposto no art.° 150.° n.° 1 do Código de Processo nos Tribunais Administrativos (CPTA), recorre de um acórdão do Tribunal Central Administrativo Norte (TCAN) que, revogando uma sentença do Tribunal Administrativo e Fiscal do Porto (TAFN), concedeu provimento a uma acção administrativa comum, proposta pelo ora recorrido A....
Visava essa acção obter a condenação do Município de Matosinhos no pagamento da quantia global de 408.688,65€, acrescida de juros de mora, em virtude de um erro de projecto que, tendo servido de base ao concurso ganho pela ora recorrida, implicava uma percentagem de escavação de rocha dura muito inferior à que de facto se verificava.
O recorrente funda o presente recurso na necessidade clara de uma melhor aplicação do direito, entendendo, por conseguinte, que, no caso, a admissibilidade de recurso contencioso estava dependente de um prévio recurso hierárquico necessário.
Decidindo.
O art. 150º nº 1 do CPTA admite "excepcionalmente, revista para o Supremo Tribunal Administrativo quando esteja em causa a apreciação de uma questão que, pela sua relevância jurídica ou social, se revista de importância fundamental ou quando a admissão do recurso seja claramente necessária para uma melhor aplicação do direito." Ora, é precisamente na melhor aplicação do direito que vem fundado o presente recurso.
A questão jurídica que vem submetida a revista é a de saber se, na execução de um contrato de empreitada de obras públicas, celebrado entre um...
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