Acórdão nº 0646/14 de Supremo Tribunal Administrativo (Portugal), 10 de Setembro de 2014
Magistrado Responsável | ALBERTO AUGUSTO OLIVEIRA |
Data da Resolução | 10 de Setembro de 2014 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam na Formação de Apreciação Preliminar da Secção de Contencioso Administrativo do Supremo Tribunal Administrativo: 1. A…………..
notificado do acórdão que não admitiu a revista vem «solicitar PEDIDO DE ACLARAÇÃO o que faz nos termos do disposto no artigo 615º, nº 1 alínea c) e 4 do Código de Processo Civil» Refere que nas alegações de recurso «invocou, além do mais, a inconstitucionalidade material do acto administrativo objecto da Providência Cautelar», e que o acórdão, «ora em aclaração, não emite pronúncia sobre essa concreta questão da inconstitucionalidade, a qual face ao princípio estabelecido no artigo 204.º da CRP será de conhecer e declarar».
Vejamos.
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O requerente pede aclaração mas os dispositivos legais ao abrigo dos quais faz o requerimento reportam-se a causas de nulidade de sentença.
E na verdade, o requerente não manifesta qualquer dúvida quanto à compreensão do acórdão.
O que o requerente aponta, efectivamente, é que o acórdão deixou de se pronunciar sobre questão que devia ter apreciado, causa, portanto, de nulidade.
Ocorre que o acórdão se pronunciou sobre o que tinha de conhecer, isto é, pronunciou-se sobre a integração do recurso nos requisitos...
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