Acórdão nº 0623/14 de Supremo Tribunal Administrativo (Portugal), 24 de Junho de 2014
Magistrado Responsável | VITOR GOMES |
Data da Resolução | 24 de Junho de 2014 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Formação de Apreciação Preliminar Acordam na Secção do Contencioso Administrativo do Supremo Tribunal Administrativo 1. O TAC de Lisboa julgou procedente a providência cautelar, requerida pelo Sindicato dos Funcionários Judiciais, de suspensão de eficácia do despacho do Director Geral da Administração da Justiça, consubstanciado no aumento do período normal de trabalho dos funcionários de justiça nas secretarias judiciais, do Ministério Público e dos Tribunais Administrativos e Fiscais para 8 horas/dia e 40 horas/semana devendo ser assegurado esse acréscimo de 1 hora até às 18 horas.
Apreciando a excepção de incompetência dos tribunais administrativos suscitada pelo requerido, a sentença entendeu que o objecto da providência era o Despacho do Director Geral e não quaisquer normas legais, designadamente da Lei n.º 68/2013, de 29 de Agosto. Por acórdão de 20/2/2014, o TAC Sul revogou esta sentença e absolveu o Ministério da Justiça da instância, por procedência das excepções de incompetência absoluta do tribunal e de ilegitimidade passiva. Para tanto o acórdão considerou que "o acto que produziu o aumento do período normal de trabalho não foi o referido despacho – este limitou-se a enquadrar o regime legal fixado, acrescentando uma hora diária ao tempo de trabalho previamente estabelecido ( das 17 para as 18 horas) – mas sim a Lei n.º 68/2013, a qual configura, sem necessidade de quaisquer indagações, um acto legislativo que emana da Assembleia da República, no uso da competência que lhe foi atribuída pela al. c) do art.º 161.º da CRP".
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Deste acórdão interpôs recurso o Sindicato dos Funcionários de Justiça, ao abrigo do art.º 150.º do CPTA. Pretende ver apreciada a questão de saber se o Despacho em causa, consubstanciando o aumento do período normal de trabalho dos funcionários de justiça para 8 horas/dia e 40 horas/semana...
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