Acórdão nº 0896/14 de Supremo Tribunal Administrativo (Portugal), 02 de Dezembro de 2014
Magistrado Responsável | MADEIRA DOS SANTOS |
Data da Resolução | 02 de Dezembro de 2014 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam na 1.ª Secção do Supremo Tribunal Administrativo: A Drª A………….., identificada nos autos, vem requerer «a aclaração e reforma» do acórdão deste STA de fls. 245 e ss., já que considera errónea e mal explicada a interpretação da petição inicial que o aresto efectuou e onde concluiu pela falta de arguição, «in initio litis» ou posteriormente, de um erro nos pressupostos de facto referente à distância entre a nova localização da farmácia e uma unidade de saúde.
A requerente pede que o STA esclareça essa sua interpretação e - embora o não afirme expressamente «in fine» - quer ainda que se reforme o acórdão reclamado, por se reconhecer e corrigir o erro interpretativo que aponta.
Não houve resposta.
Cumpre decidir.
Comecemos pelo pedido de aclaração. O acórdão «sub specie», interpretando a petição inicial, entendeu duas coisas, aliás relacionadas entre si: que o ataque dos autores teve por base a inaptidão probatória do documento referente ao «quantum» da população de Montalegre; e que, por isso mesmo, tal ataque não se baseou verdadeiramente num erro nos pressupostos de facto do acto, erro esse que se ligaria à distância entre a nova localização da farmácia e uma qualquer unidade de saúde. Ademais, o acórdão reclamado enunciou essa interpretação, que veio a culminar nos dois referidos pontos, de uma forma perceptível por qualquer destinatário mediano e, assim, isenta de...
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