Acórdão nº 03026/13.0BELSB de Supremo Tribunal Administrativo (Portugal), 26 de Junho de 2019
Magistrado Responsável | MADEIRA DOS SANTOS |
Data da Resolução | 26 de Junho de 2019 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam, em apreciação preliminar, no Supremo Tribunal Administrativo: O Dr. A…………., identificado nos autos, interpôs a presente revista do acórdão do TCA Sul confirmativo da sentença do TAF de Sintra que julgara extemporânea a acção intentada pelo recorrente contra a Ordem dos Advogados para impugnação do acto, dela emanado, que o punira disciplinarmente com a multa de €5.000,00.
O recorrente pugna pelo recebimento da sua revista por ela recair sobre questões relevantes e mal decididas.
A Ordem dos Advogados contra-alegou, defendendo a inadmissibilidade da revista.
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 autor e aqui recorrente impugnou «in judicio» o acto proveniente da Ordem dos Advogados que o puniu disciplinarmente com a pena de €5.000,00 de multa por factos que ele terá praticado num período em que estava suspensa a sua inscrição na Ordem. E, entre os vários vícios que o autor atribuiu ao acto punitivo, avulta o da incompetência absoluta da Ordem para o sancionar por actividades alheias ao exercício da advocacia.
Contudo, as instâncias entenderam que nenhum dos vícios arguidos era causal da nulidade do acto. E, considerando que a propositura da acção desrespeitara o prazo de três meses previsto no art. 58º, n.º 2...
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