Acórdão nº 0992/17 de Supremo Tribunal Administrativo (Portugal), 21 de Setembro de 2017
Magistrado Responsável | MADEIRA DOS SANTOS |
Data da Resolução | 21 de Setembro de 2017 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam, em apreciação preliminar, no Supremo Tribunal Administrativo: A……. - Associação de Produtores Florestais ………interpôs a presente revista do acórdão do TCA-Sul que, revogando o que se sentenciou no TAF de Castelo Branco, indeferiu a sua pretensão de que suspendesse a eficácia do acto, emanado do Instituto de Financiamento da Agricultura e Pescas, IP, que, no âmbito de um contrato de financiamento, impusera à ora recorrente a devolução de 524.383,54 €, por ela recebidos a título de subsídio ao investimento.
A recorrente diz que o recebimento da revista se justifica para se anular e corrigir o acórdão recorrido - que teria claudicado ao negar que houvesse «periculum in mora».
O recorrido, ao invés, defende a não admissão da revista, não só porque a recorrente não teria identificado a questão a apreciar, mas também porque o aresto andou bem ao desatender os pontos de facto relacionados com aquele requisito.
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).
ln casu
, o acórdão recorrido revogou o segmento da sentença, que suspendera a eficácia do acto, por uma única razão: porque o TCA entendeu que «não foi provado» o «periculum in mora», indispensável à concessão da providência.
A recorrente acomete o acórdão de dois modos...
Para continuar a ler
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