Acórdão nº 01135/15 de Supremo Tribunal Administrativo (Portugal), 06 de Outubro de 2015
Magistrado Responsável | V |
Data da Resolução | 06 de Outubro de 2015 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Formação de Apreciação Preliminar Acordam na Secção do Contencioso Administrativo do Supremo Tribunal Administrativo 1.
A…….. SA interpôs recurso, ao abrigo do art. 150.º do CPTA, do acórdão do TCA Sul de 9/7/2015 que negou provimento a recurso de acórdão do TAF de Sintra que julgou improcedente acção de contencioso pré-contratual em que impugnara a decisão que excluíra a proposta que apresentou no concurso público para prestação de serviços de vigilância e segurança, ao abrigo de acordo quadro, para a Escola Superior de Enfermagem de Lisboa.
O acórdão recorrido considerou a decisão de 1ª instância nula por excesso de pronúncia e, julgando em substituição julgou a acção improcedente. Para assim decidir, o acórdão considerou que “ao invocar o excesso e pronúncia, que existe (art.º 615.º/1-d) do CPC), a recorrente confessa implicitamente que um dos fundamentos que efectivamente o júri invocou para a excluir foi esquecido na p.i. E, portanto, que nunca seria de anular a exclusão da proposta da autora ora recorrente, mesmo que tivesse razão, como talvez tenha, quanto às anulabilidades invocadas na p.i. e neste recurso”.
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A recorrente pede revista excepcional cuja admissibilidade justifica pela relevância no contencioso pré-contratual das seguintes questões que submete a apreciação: - A falta de impugnação de um fundamento de exclusão da proposta que, embora aludido no relatório preliminar, não sustentou a decisão de exclusão, obsta à anulação deste acto administrativo? - A não indicação, na proposta, de preços de serviços extra, cuja quantidade e espécie não estão previstos no caderno de encargos, é motivo de exclusão da proposta ao...
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