Acórdão nº 0739/17 de Supremo Tribunal Administrativo (Portugal), 12 de Julho de 2017
Data | 12 Julho 2017 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
Acordam, em apreciação preliminar, no Supremo Tribunal Administrativo: A……………………, identificado nos autos, interpôs a presente revista do acórdão do TCA-Norte confirmativo da sentença do TAF de Viseu que julgou improcedente a acção administrativa comum por ele instaurada contra a Agência para a Modernização Administrativa, IP, e onde pedira que o réu fosse condenado a satisfazer-lhe um determinado suplemento remuneratório e a requalificá-lo na categoria de técnico superior, pagando-lhe ainda as diferenças salariais respectivas, para além dos juros de mora referentes a todas as importâncias em dívida.
O recorrente nada disse em prol do recebimento da revista, limitando-se a apontar lapsos vários ao aresto «sub specie».
O recorrido, por sua vez, defendeu a bondade do acórdão.
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).
E a excepcionalidade da revista apresenta-se-nos reforçada, «in casu», pela unanimidade das decisões das instâncias e pelo pormenor do valor da causa não exceder a alçada do TCA.
Para além disso...
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