Acórdão nº 01199/15 de Supremo Tribunal Administrativo (Portugal), 20 de Outubro de 2015
Magistrado Responsável | V |
Data da Resolução | 20 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…………….., educadora de infância, obteve no TAF de Mirandela a suspensão de eficácia dos actos do Instituto da Segurança Social mediante os quais foi incluída na lista nominativa dos trabalhadores colocados na situação de requalificação. Por acórdão de 31/7/2015, em provimento de recurso interposto pelo Instituto de Segurança Social, o TCA Norte revogou a sentença do TAF e indeferiu a providência cautelar.
A requerente interpôs recurso deste acórdão, ao abrigo do art. 150.º do CPTA, com fundamento na relevância jurídica e social da questão a decidir e na necessidade de melhor aplicação do direito, tendo em conta a repercussão assumida pela colocação dos trabalhadores da Segurança Social em situação de requalificação, que as decisões das instâncias neste processo são de sentidos opostos e que noutros processos foram proferidas decisões de sentido contrário à presente.
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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 necessária para uma melhor aplicação do direito”.
No presente recurso o essencial da discussão respeita a saber se, nas concretas circunstâncias que...
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