Acórdão nº 0441/15 de Supremo Tribunal Administrativo (Portugal), 17 de Setembro de 2015
Data | 17 Setembro 2015 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
Acordam no Pleno da Secção de Contencioso Administrativo do Supremo Tribunal Administrativo: I – Relatório e Fundamentação 1. Associação Humanitária dos Bombeiros Voluntários de …….., devidamente identificada nos autos, vem interpor recurso para uniformização de jurisprudência para o Pleno desta Secção do STA, nos termos do artigo 152.º do CPTA. Alega para o efeito que o acórdão ora recorrido, proferido neste Supremo, em 04.12.14, pela formação prevista no n.º 5 do artigo 150.º do CPTA, Proc. n.º 1388/14, está em contradição com o acórdão proferido pelo Tribunal Central Administrativo Norte (TCAN), em 27.06.14, Proc. n.º 406/13.5BEMDL.
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De acordo com o disposto no artigo 152.º do CPTA, os requisitos de admissibilidade do recurso para uniformização de jurisprudência, cuja apreciação é vinculada, são os seguintes: a) que exista contradição entre acórdão do TCA e outro acórdão anterior, do TCA ou do STA, ou entre acórdãos do STA; b) que essa contradição recaia sobre a mesma questão fundamental de direito; c) que se tenha verificado o trânsito em julgado do acórdão recorrido e do acórdão fundamento; d) que não exista, no sentido da orientação perfilhada no acórdão recorrido, jurisprudência mais recentemente consolidada no STA.
Estes requisitos são de verificação cumulativa, pelo que o não preenchimento de um deles constitui condição suficiente para não admitir o recurso de uniformização de jurisprudência.
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No caso dos autos, a pretensa contradição invocada pela recorrente verifica-se entre o acórdão recorrido, que é o Acórdão do STA, de 04.12.14, e o acórdão fundamento, que é o acórdão do TCAN, de 27.06.14, Processo n.° 406/13.5BEMDL. Ora, bem vistas as coisas, uma tal contradição não cabe em nenhuma das alíneas do n.º 1 do artigo...
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