Acórdão nº 0130/18 de Supremo Tribunal Administrativo (Portugal), 28 de Fevereiro de 2018
Magistrado Responsável | MADEIRA DOS SANTOS |
Data da Resolução | 28 de Fevereiro de 2018 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam, em apreciação preliminar, no Supremo Tribunal Administrativo: A………….. e mulher, B………….., cuja identificação consta dos autos, interpuseram a presente revista do acórdão do TCA-Norte confirmativo da sentença do TAF do Porto que, por deserção (art. 281°, n.º 1, do CPC), julgou extinta a instância na acção comum por eles movida a Infraestruturas de Portugal, SA, com base na responsabilidade civil da ré por factos lícitos.
Os recorrentes censuram o aresto «sub specie» porque – segundo dizem – não incorreram numa inércia negligente nem foram ouvidos sobre isso antes da pronúncia do TAF.
A interveniente C………….., SA, contra-alegou em prol do não provimento deste 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. 150°, n.º 1, do CPTA).
In casu
, os autores haviam pedido que certos elementos documentais requisitados e juntos aos autos num suporte informático lhes fossem fornecidos em papel. O Mm.º Juiz do TAF recusou essa transcrição, logo comunicando aos autores que o processo ficaria a aguardar o seu impulso. E, porque eles nada...
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