Acórdão nº 01518/14 de Supremo Tribunal Administrativo (Portugal), 15 de Janeiro de 2015
Magistrado Responsável | MADEIRA DOS SANTOS |
Data da Resolução | 15 de Janeiro de 2015 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam na 1.ª Secção do Supremo Tribunal Administrativo: A Ex.ª Procuradora-Geral Adjunta neste STA veio suscitar a resolução de um conflito negativo de competência entre os TAF’s de Braga e do Porto, por cada um deles apontar o outro como o competente em razão do território para conhecer de um procedimento cautelar deduzido por A…………, Ld.ª, contra a B…………, SA, e outros contra-interessados, e em que a requerente solicitou a suspensão da eficácia do acto de adjudicação praticado num determinado procedimento pré-contratual e deduziu outros pedidos complementares.
Tal providência fora proposta no TAF de Braga, que se julgou incompetente em razão do território e determinou a remessa dos autos, depois do trânsito, para o TAF do Porto.
Neste tribunal, o Mm.° Juiz entendeu que a competência territorial para se conhecer do pleito cabia ao TAF de Braga, após o que recusou a competência própria e impôs que os autos fossem remetidos à procedência, após trânsito.
Cumpre decidir.
É inequívoco que ocorre um conflito negativo de competência entre os dois referidos TAF’s, pois ambos recusaram a competência territorial própria e atribuíram-na ao outro, tendo-o feito através de decisões transitadas. E a decisão do TAF de Braga, que foi proferida em primeiro lugar, também transitou...
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