Acórdão nº 02661/11.6BELSB de Supremo Tribunal Administrativo (Portugal), 09 de Novembro de 2018
Magistrado Responsável | MADEIRA DOS SANTOS |
Data da Resolução | 09 de Novembro de 2018 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam, em apreciação preliminar, no Supremo Tribunal Administrativo: O MºPº, em representação do Estado, interpôs a presente revista do acórdão do TCA Sul que, revogando parcialmente a sentença absolutória proferida pelo TAC de Lisboa - na acção indemnizatória movida ao ora recorrente por A………… e fundada na morosidade de um processo judicial que ele intentara em Loures - condenou o réu a indemnizar o autor em € 2.500,00, para assim compensar os danos morais por ele sofridos.
O recorrente pugna pela admissão da revista por ela respeitar a uma «quaestio juris» relevante e necessitada de reapreciação.
O autor contra-alegou, considerando a revista inadmissível.
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. 150°, n.º 1, do CPTA).
O TAC julgou improcedente a acção indemnizatória dos autos, fundada na demora excessiva de um processo instaurado pelo autor nos tribunais comuns. Porém, o TCA considerou que tal pleito se atrasara injustificadamente, motivo por que condenou o réu Estado a pagar ao autor uma indemnização de € 2.500,00, a título de danos morais.
Na presente revista, o MºPº...
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