Acórdão nº 0113/18.2BCLSB de Supremo Tribunal Administrativo (Portugal), 05 de Abril de 2019
Data | 05 Abril 2019 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
Acordam, em apreciação preliminar, no Supremo Tribunal Administrativo: A…………., melhor identificado nos autos, interpôs a presente revista do acórdão do TCA Sul que negou provimento ao recurso por si deduzido do acórdão do TAD que, por sua vez, confirmara a punição do ora recorrente — imposta pelo Conselho de Disciplina da Federação Portuguesa de futebol — embora alterasse o «quantum» da pena correspondente à sua responsabilidade disciplinar.
O recorrente pugna pela admissão da revista por ela recair sobre temas relevantes e credores de um melhor tratamento jurídico.
A recorrida FPF considera a revista inadmissível.
Cumpre decidir.
Em princípio, as decisões proferidas em 2ª 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.° 1, do CPTA).
O recorrente foi punido pelo Conselho de Disciplina da FPF numa pena de multa pela prática de infracções disciplinares. Impugnou essas sanções no TAD que alterou a medida da pena, todavia reiterando a existência das infracções. E o TCA, através do acórdão «sub specie», confirmou o que o TAD decidira.
Nesta revista, o recorrente clama que o TCA errou, não só no plano dos factos atendíveis, mas...
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