Acórdão nº 2952/07.0TVLSB-2 de Court of Appeal of Lisbon (Portugal), 21 de Janeiro de 2010
Magistrado Responsável | ISABEL CANADAS |
Data da Resolução | 21 de Janeiro de 2010 |
Emissor | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: AGRAVO Decisão: CONFIRMADA A DECISÃO Sumário: I- Incumbe, em princípio, à jurisdição administrativa o julgamento de quaisquer acções que tenham por objecto dirimir litígios emergentes de relações jurídicas administrativas, ou seja, todos os litígios originados no âmbito da administração pública globalmente considerada, à excepção daqueles que o legislador ordinário expressamente atribui a outra jurisdição.
II- Actualmente, o legislador deixou de fazer qualquer destrinça entre actos de gestão pública e privada, cabendo à jurisdição administrativa apreciar todas as questões de responsabilidade civil extracontratual da Administração Pública, independentemente da questão de saber se essa responsabilidade emerge de uma actuação de gestão pública ou de uma actuação de gestão privada (o que não significa que tal distinção não deixe de relevar para efeitos de determinação do regime de direito substantivo aplicável à dirimição do litígio), bastando que se esteja perante uma relação jurídico-administrativa.
III- Por outro lado o legislador, ao atribuir à jurisdição administrativa a competência para julgar a responsabilidade civil extracontratual de pessoas colectivas de direito público, parece estar a renunciar à aplicação do critério anteriormente enunciado. Todavia, para a competência...
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