Acórdão nº 0395/18 de Supremo Tribunal Administrativo (Portugal), 26 de Abril de 2018
Data | 26 Abril 2018 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
Acordam, em apreciação preliminar, no Supremo Tribunal Administrativo: Polis Litoral Norte - Sociedade para a Requalificação e Valorização Litoral, SA, interpôs a presente revista do acórdão do TCA-Norte que, revogando a sentença absolutória proferida no TAF de Braga, julgou procedente uma acção de contencioso pré-contratual instaurada por A…………, SA, contra a aqui recorrente e a adjudicatária B…………, Ld.ª, no âmbito de um ajuste directo para a celebração de uma empreitada de obras públicas, advindo dessa procedência a anulação do acto que excluíra a proposta da autora e do acto que adjudicara a obra à contra-interessada e, ainda, a condenação da aqui recorrente a adjudicar à autora o contrato de empreitada.
A recorrente pugna pela admissão da revista por ela recair sobre uma «quaestio juris» relevante – a necessidade, ou não, de excluir a proposta que esteja desacompanhada de um «plano de trabalhos» com o grau de minúcia exigido – e, alegadamente, mal decidida pelo tribunal «a quo».
Não houve contra-alegação.
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...
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