Acórdão nº 0169/15.0BEMDL de Supremo Tribunal Administrativo (Portugal), 08 de Outubro de 2018
Magistrado Responsável | MADEIRA DOS SANTOS |
Data da Resolução | 08 de Outubro de 2018 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam, em apreciação preliminar, no Supremo Tribunal Administrativo: A CGA interpôs esta revista do acórdão do TCA Norte que confirmou, embora parcialmente, a sentença em que o TAF de Mirandela – julgando procedente a acção movida à recorrente por A………………, identificada nos autos, e onde a autora atacava o acto que fixara a sua pensão de aposentação – anulou o acto impugnado e condenou a CGA a recalcular o montante da pensão.
A recorrente sustenta que o acórdão «sub specie» aplicou erradamente o direito.
A recorrida, ao invés, defende a inadmissibilidade da revista Cumpre decidir.
Em princípio, as decisões proferidas em 2.ª instância pelos TCA’s não são susceptíveis de recurso para o STA. Mas, excepcionalmente, tais decisões podem ser objecto de recurso de revista em duas hipóteses: quando estiver em causa a apreciação de uma questão que, pela sua relevância jurídica ou social, assuma uma importância fundamental; ou quando a admissão da revista for claramente necessária para uma melhor aplicação do direito («vide» o art. 150º, n.º 1, do CPTA).
Na presente revista, a CGA censura o acórdão recorrido por este considerar que, no cálculo da pensão de aposentação da autora – a qual se aposentou ao abrigo do «regime especial de aposentação para educadores de infância e professores do 1.º ciclo em regime de monodocência que concluíram o curso de Magistério Primário e de Educação de Infância em 1975 e 1976» (Lei n.º 77/2009, de 13/8), regime esse que admitiu a aposentação aos 57 anos de idade e 34 de serviço – fora ilegal a aplicação do chamado «factor de sustentabilidade»...
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