Acórdão nº 0242/16 de Supremo Tribunal Administrativo (Portugal), 10 de Março de 2016
Magistrado Responsável | V |
Data da Resolução | 10 de Março de 2016 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Formação de Apreciação Preliminar Acordam na Secção do Contencioso Administrativo do Supremo Tribunal Administrativo 1.
A……… propôs acção de responsabilidade extracontratual contra o Município de Braga, por acidente que imputou a omissão do dever de sinalização de um separador de trânsito sobre-elevado, localizado na via pública, na cidade de Braga, por onde conduzia um seu veículo e de que lhe resultaram danos patrimoniais e não patrimoniais.
O TAF de Braga julgou a acção parcialmente procedente. Em provimento de recurso interposto pelo Município de Braga, por acórdão de 23/11/2015 (Proc. 1141/10.1BEBRG), o TCA Norte alterou a matéria de facto e, em decorrência disso, julgou a acção totalmente improcedente.
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O Autor interpôs recurso, ao abrigo do art.º 150.º do CPTA, essencialmente fundado na alegação de que a alteração da matéria de facto provada a que o TCAN procedeu – em que avulta ter passado a ficar assente que o embate do veículo no separador ocorreu quando o Autor seguia por via de trânsito em que a circulação lhe era vedada – resultou de erro induzido pelo modo como o tribunal de 1ª instância respondera a essa matéria.
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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 para o Supremo Tribunal Administrativo “quando esteja em causa a apreciação de uma...
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