Acórdão nº 01088/16 de Supremo Tribunal Administrativo (Portugal), 20 de Outubro de 2016
Magistrado Responsável | V |
Data da Resolução | 20 de Outubro de 2016 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
(Formação de Apreciação Preliminar) Acordam na Secção do Contencioso Administrativo do Supremo Tribunal Administrativo 1.
A…………………. Ldª e B…………….. Ldª requereram a sua habilitação na qualidade de cessionárias de parte de um crédito litigioso numa acção instaurada por C……………… SA (cedente) contra a Agência Portuguesa do Ambiente IP (anteriormente Instituto da Água). O TAC de Lisboa e, em recurso, o TCA Sul indeferiram o incidente de habilitação com fundamento em que não são processualmente admissíveis habilitações ou substituições parciais.
As requerentes pedem revista, ao abrigo do art.º 150.º do CPTA. Sustentam que da letra e do espírito dos art.ºs 263.º e 356.º do CPC não resulta excluída a habilitação dos cessionários parciais do crédito litigioso, nada obstando a que a lide prossiga com os titulares habilitados (quanto à parte cedida) e com o autor primitivo (quanto à parte não cedida).
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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 questão que, pela sua relevância jurídica ou social, se revista de importância fundamental” ou “quando a admissão do recurso seja claramente...
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