Acórdão nº 0676/15.4BELSB de Supremo Tribunal Administrativo (Portugal), 10 de Maio de 2019
Magistrado Responsável | COSTA REIS |
Data da Resolução | 10 de Maio de 2019 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
ACORDAM NA SECÇÃO DE CONTENCIOSO ADMINISTRATIVO DO STA: I.
A………… intentou, no TAC de Lisboa, contra o Estado Português, acção administrativa comum pedindo a condenação deste a pagar-lhe uma indemnização no valor de € 20.500,00, acrescida de juros legais, com fundamento nos factos e omissões ilícitas e culposas cometidas pelo juiz titular de um processo-crime.
O TAC declarou-se incompetente, absolvendo o Réu da instância.
E o TCA Sul, para onde o Autor apelou, confirmou essa decisão.
Inconformado, interpôs recurso de revista mas o mesmo não foi admitido por ter sido entendido que o que estava em causa era, apenas, a identificação da jurisdição competente para julgar a presente acção e esta Formação tem decidido, que essa questão não justifica a admissão de revistas uma vez que a decisão do STA pode não ser a última palavra nessa matéria, já que uma eventual decisão pela incompetência da jurisdição administrativa pode não evitar um possível conflito de competência com a jurisdição comum.
II.
O Recorrente reclama desse julgamento, em requerimento erradamente dirigido ao Sr. Presidente deste Tribunal, sustentando que o Acórdão do TCA supôs que ele fundou o seu pedido na existência erro judiciário, o que não era verdade, e que, por ser assim, se impunha a admissão da revista.
Mas não tem razão.
Desde logo, porque, ao invés do que ora alega, o Reclamante invocou como causa de pedir o erro judiciário ao, por ex., articular no art.º 45.º da petição inicial que era “manifesta a existência de factos lesivos voluntários consubstanciados na negação ao ora A da consulta do processo em que era assistente e no...
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