Acórdão nº 01540/14.0BEALM de Supremo Tribunal Administrativo (Portugal), 01 de Março de 2019
Magistrado Responsável | MADEIRA DOS SANTOS |
Data da Resolução | 01 de Março de 2019 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam, em apreciação preliminar, no Supremo Tribunal Administrativo: A…………………., identificado nos autos interpôs a presente revista do acórdão do TCA Sul confirmativo da sentença do TAF de Almada que julgou improcedente a acção administrativa especial instaurada pelo aqui recorrente e outros, com vista a anularem os actos determinativos das suas pensões de aposentação.
O recorrente pugna pela admissão da revista por ela recair sobre «quaestiones juris» relevantes e erradamente resolvidas pelo aresto.
A CGA contra-alegou, defendendo o não provimento do recurso.
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.° 1, do CPTA).
As instâncias não reconheceram as ilegalidades — relacionadas com a redução imposta pelas leis orçamentais de 2011 a 2014 — que o aqui recorrente imputou ao acto que fixara a sua pensão de aposentação.
E, nesta revista, ele reedita o alegado «in initio litis», dizendo que o acto impugnado ofendeu o art. 19°, n.° 10, da LOE para 2011 e múltiplos princípios jurídicos com assento na Constituição.
Contudo, as instâncias já haviam dito ao recorrente que ele não alegara — e, «ex necessitate», não provara — quaisquer factos que o incluíssem nos pressupostos de...
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