Acórdão nº 0295/15 de Supremo Tribunal Administrativo (Portugal), 08 de Abril de 2015
Magistrado Responsável | VÍTOR GOMES |
Data da Resolução | 08 de Abril de 2015 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Formação de Apreciação Preliminar Acordam na Secção do Contencioso Administrativo do Supremo Tribunal Administrativo 1.
A……………, S.A. pede revista do acórdão do TCA Sul, de 20/11/2014, que concedeu provimento a recurso, interposto pelo Município de Manteigas, de decisão (saneador-sentença parcial) do TAF de Castelo Branco.
No âmbito de contratos de fornecimento de água (em alta) e recolha de efluentes em que foi clausulado que, em caso de mora no pagamento, as facturas “passarão a vencer juros de mora nos termos da legislação aplicável às dívidas do Estado, com a taxa prevista na mesma legislação”, o TAF decidiu não haver “que aplicar essa taxa contratualizada, antes a imperativamente definida por lei (que prevalece sobre o disposto nos contratos de concessão em vigor) na Base XX e na Base XXXI, de cada uma das concessões”, ou seja, a taxa de juros comerciais, como resulta dos artºs 4.º, 6.º e 10.º do Dec. Lei n.º 195/2009, de 20 de Agosto. Diversamente, o TCA julgou que nada obsta à aplicação da cláusula contratual e que, estando estabelecido que a taxa de juros é a das “dívidas do Estado” (e não das “dívidas ao Estado”), é aplicável à mora a taxa de juros legais, como é determinado pelo art.º 1.º da Lei n.º 3/2010, de 27 de Abril.
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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...
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