Acórdão nº 01167/16 de Supremo Tribunal Administrativo (Portugal), 10 de Novembro de 2016
Magistrado Responsável | V |
Data da Resolução | 10 de Novembro de 2016 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
(Formação de Apreciação Preliminar) Acordam na Secção do Contencioso Administrativo do Supremo Tribunal Administrativo 1.
A………….. Ldª propôs contra o Município de Vinhais (Município) acção para efectivação de responsabilidade extracontratual emergente de facto ilícito que consistiu no licenciamento ilegal da construção de um edifício que depois veio a declarar nulo com fundamento em violação do respectivo PDM.
O Tribunal Administrativo e Fiscal de Mirandela condenou o réu a pagar uma indemnização correspondente às despesas suportadas pela Autora para demolir a parte ilegal do edifício e construir nova cobertura e aos lucros cessantes. Por acórdão de 21/4/2016, o Tribunal Central Administrativo Sul negou provimento a recurso interposto pelo Município.
O Município interpõe recurso deste acórdão, ao abrigo do art.º 150.º do CPTA, sustentando que, além de enfermar de nulidades, o acórdão incorreu em erro de julgamento quanto ao âmbito de aplicação do disposto no art.º 70.º do Dec. Lei n.º 555/99, bem como quanto à culpa da Autora na prática do licenciamento ilegal, por apresentar um projecto desconforme às prescrições do PDM.
A recorrida sustenta, no que agora interessa, que nenhuma das questões que o recorrente coloca no recurso assume importância fundamental, pelo que não deve ser admitido o recurso excepcional.
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As decisões proferidas pelos tribunais centrais administrativos em segundo grau de jurisdição não são, em regra, susceptíveis de recurso ordinário. Apenas consentem recurso nos termos do n.º 1 do art.º 150.º do CPTA, preceito que dispõe que das decisões proferidas em segunda instância pelo Tribunal Central Administrativo pode haver, a título excepcional, recurso de revista...
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