Acórdão nº 066/15 de Supremo Tribunal Administrativo (Portugal), 22 de Abril de 2015
Magistrado Responsável | VÍTOR GOMES |
Data da Resolução | 22 de Abril de 2015 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Formação de Apreciação Preliminar Acordam na Secção do Contencioso Administrativo do Supremo Tribunal Administrativo 1.
Associação Desportiva A................. recorre do acórdão do Tribunal Central Administrativo Sul, de 25/09/2014, que não tomou conhecimento do recurso interposto da decisão do TAC de Lisboa de 11/03/2012, com fundamento em que desta decisão cabia reclamação nos termos do n.º 2 do art.º 27.º do CPTA e não recurso, e que não determinou a convolação do requerimento em reclamação por entender que como tal seria intempestivo.
A recorrente alega que no caso não poderia rejeitar-se o recurso e recusar-se convolar o requerimento em reclamação, em síntese, porque (i) estamos perante um despacho saneador decidindo matéria da competência própria do relator, excluída do âmbito de aplicação da reclamação para a conferência (ii) a aceitação do recurso nos termos do art.º 140.º do CPTA limita a possibilidade de reapreciar posteriormente esta questão (iii) deve convolar-se o recurso, tempestivamente interposto, em reclamação, por exigência dos princípios constitucionais da confiança e do acesso ao direito, uma vez que a interposição do recurso da decisão de 1ª instância é anterior ao acórdão de uniformização de jurisprudência invocado e correspondeu à prática jurisprudencial aceite.
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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...
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