Acórdão nº 0282/17 de Supremo Tribunal Administrativo (Portugal), 22 de Março de 2017
Magistrado Responsável | MADEIRA DOS SANTOS |
Data da Resolução | 22 de Março de 2017 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam, em sede de apreciação preliminar, na Secção de Contencioso Administrativo do Supremo Tribunal Administrativo: A…………….., antigo agente da PSP identificado nos autos, interpôs a presente revista do aresto, do TCA-Sul, confirmativo do acórdão em que o TAF de Lisboa julgou improcedente a acção administrativa especial que o ora recorrente deduzira contra o Ministério da Administração Interna (MAI) a fim de impugnar o acto que lhe havia aplicado a pena disciplinar de demissão.
Na revista, o recorrente diz que o acórdão «sub specie» decidiu mal ao reiterar a legalidade do despacho que indeferira um incidente de suspeição do Instrutor do processo disciplinar. E o recorrente considera que a «quaestio juris» relacionada com o assunto tem relevância jurídica e social.
Já o MAI, na sua contra-alegação, nega que tal problemática assuma o relevo indispensável à admissão da revista.
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).
In casu
, o acórdão recorrido negou que a circunstância do Instrutor – indicado como superior hierárquico «directo» do recorrente na ocasião em que ele foi alvo de prisão preventiva por indícios da prática de um crime de tráfico de estupefacientes, do qual acabou por ser absolvido – ter intervindo no...
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