Acórdão nº 0462/18 de Supremo Tribunal Administrativo (Portugal), 24 de Maio de 2018
Magistrado Responsável | MADEIRA DOS SANTOS |
Data da Resolução | 24 de Maio de 2018 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam, em apreciação preliminar, no Supremo Tribunal Administrativo: A………., identificado no processo, interpôs esta revista do acórdão do TCA-Sul confirmativo da sentença do TAF de Sintra que julgou improcedente a acção por ele instaurada contra a CGA para que esta reconhecesse o seu direito a uma pensão de aposentação correspondente ao serviço que prestara na antiga Administração Ultramarina.
O recorrente pugna pela admissão da revista para se melhorar a aplicação do direito.
A CGA contra-alegou, defendendo a inadmissibilidade do recurso.
Cumpre decidir.
Em princípio, as decisões proferidas em 2.ª instância pelos TCA's não são susceptíveis de recurso para o STA. Mas, excepcionalmente, tais decisões podem ser objecto de recurso de revista em duas hipóteses: quando estiver em causa a apreciação de uma questão que, pela sua relevância jurídica ou social, assuma uma importância fundamental; ou quando a admissão da revista for claramente necessária para uma melhor aplicação do direito («vide» o art. 150º, n.º 1, do CPTA).
O recorrente interpôs a acção dos autos em 2012 a fim de obter a condenação da CGA a deferir o seu pedido - inicialmente formulado em 1982 e várias vezes repetido - de que se lhe atribuísse uma pensão de aposentação pelo tempo de serviço que prestara na administração colonial da Guiné.
As instâncias julgaram a acção improcedente porque a pretensão do autor já fora indeferida - ao menos através de um acto de 2002, consolidado na ordem jurídica; e porque a possibilidade dele obter o pretendido estatuto de aposentado findou, «ex vi legis», em 1/1/90 (DL n.º 210/90, de 27/7).
Na presente revista, o recorrente considera que o...
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