Acórdão nº 0310/09 de Supremo Tribunal Administrativo (Portugal), 26 de Março de 2009
Data | 26 Março 2009 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
Acordam em conferência na secção do contencioso administrativo do Supremo Tribunal Administrativo 1. A... (id. nos autos) recorre para este S.T.A. de um acórdão do Tribunal Central Administrativo Norte que confirmou a decisão do T.A.F. de Braga, pela qual foi julgada improcedente a acção administrativa especial por si interposta contra a Caixa Geral de Depósitos, na qual peticionou a anulação da deliberação do Conselho de Administração da referida Instituição, de 22-2-06, que lhe aplicou a sanção disciplinar de demissão.
Como razões para a admissão do recurso indica, em síntese, a relevância jurídica ou social do litígio e a necessidade de melhor aplicação do direito.
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Decidindo 2.1.O art.º 150.º n.º 1 do Código de Processo nos Tribunais Administrativos prevê "excepcionalmente" recurso de revista para o STA "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".
Interpretando esta norma, tem o STA sublinhado, em jurisprudência constante, que não estamos perante um recurso normal de revista, pois que das decisões dos tribunais administrativos proferidas na sequência de recurso de apelação não cabe, em princípio, revista para o STA, mas antes perante um recurso que, nas palavras do legislador (Exposição de Motivos da Proposta de Lei 92/VII), deverá funcionar apenas "como uma válvula de segurança do sistema".
Deste modo, a intervenção do STA só se justificará em matérias de maior importância, sob pena de se generalizar este...
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