Acórdão nº 01123/14 de Supremo Tribunal Administrativo (Portugal), 30 de Outubro de 2014
Magistrado Responsável | VÍTOR GOMES |
Data da Resolução | 30 de Outubro de 2014 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Formação de Apreciação Preliminar Acordam na Secção do Contencioso Administrativo do Supremo Tribunal Administrativo 1.
Por acórdão de 28/4/2014, o Tribunal Central Administrativo Norte negou provimento a recurso interposto de decisão do TAF de Viseu que absolveu o Município de Vila Nova de Paiva do pedido de condenação a pagar a uma associada do STAL – Sindicato Nacional dos Trabalhadores da Administração Local a compensação a que se refere o n.º 3 do art.º 252.º do RCTFP por caducidade do contrato a termo resolutivo.
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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”.
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No acórdão de 10/7/2014, Proc. 588/14, proferido em apreciação preliminar de admissibilidade de revista visando discutir a questão jurídica que no presente recurso é colocada, ponderou-se o seguinte: A questão em apreço é a de saber se é ou não devida compensação pela caducidade do contrato de trabalho a termo, tendo em conta o disposto do artigo 252º, n.º 3 do RCTFP, na redacção...
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