Acórdão nº 0288/08 de Supremo Tribunal Administrativo (Portugal), 19 de Junho de 2008
Magistrado Responsável | SANTOS BOTELHO |
Data da Resolução | 19 de Junho de 2008 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam, em conferência, na 1ª Secção do Supremo Tribunal Administrativo: 1 - O Recorrente A..., Ldª., notificado do acórdão deste STA, de 17-4-08, a fls. 338-342, que não admitiu o recurso de revista por si interposto, veio solicitar a aclaração do dito aresto, pelas razões que enuncia no seu requerimento de fls. 347.
2 - Os Recorridos, apesar de notificados, nada vieram a dizer quanto ao pedido de aclaração.
3 - Cumpre decidir.
3.1 De acordo com o preceituado na alínea a), do nº 1, do artigo 669º do CPC, a aclaração tem como pressuposto necessário a existência de alguma obscuridade ou ambiguidade por parte da decisão que se pretende ver esclarecida.
Ou seja, o pedido de aclaração terá de ser indeferido sempre que a decisão em causa não contenha qualquer passo cujo sentido seja ininteligível ou susceptível de interpretações diferentes.
É o que tem sido decidido reiteradamente por este STA.
Cfr., entre outros, os Acs. de 7-5-92 - BMJ nº 417, a fls. 790, de 28-9-00 - Rec. 46529, de 28-9-00 - Rec . 46156 e de 1-2-01 - Rec. 45713.
Sucede que, no caso em apreço, contra o que sustenta o Recorrente, o acórdão, de 17-4-08, não padece de qualquer obscuridade ou ambiguidade, na medida em que dele resulta com mediana clareza qual o seu sentido decisório (a não admissão do recurso de revista) e os fundamentos que legitimaram tal decisão (a não verificação dos pressupostos enunciados no nº 1, do artigo 150º do CPTA, por em causa não estar uma...
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