Acórdão nº 0775/17 de Supremo Tribunal Administrativo (Portugal), 12 de Julho de 2017
Magistrado Responsável | MADEIRA DOS SANTOS |
Data da Resolução | 12 de Julho de 2017 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam, em apreciação preliminar, no Supremo Tribunal Administrativo: Águas …………., SA, interpôs a presente revista do acórdão do TCA-Sul que, revogando o despacho saneador e a sentença condenatória proferida pelo TAF de Castelo Branco – na qual o réu Município do Fundão fora condenado no pedido, conexo com o pagamento de serviços (de fornecimento de água e de recepção de efluentes) de que seria credora a aqui recorrente – determinou que a instância dos autos se suspendesse por pendência de uma causa prejudicial, deduzida pelo réu contra a autora.
O recorrente pugna pelo recebimento da revista dada a relevância das questões em apreço e o erro que divisa na decisão «sub censura».
O recorrido, ao invés, considera a revista inadmissível.
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).
Mas, e a propósito de...
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