Acórdão nº 01613/17.7BELSB 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: A………., identificada nos autos, interpôs esta revista do acórdão do TCA Sul confirmativo da sentença do TAC de Lisboa que julgou procedente a acção, de oposição à aquisição da nacionalidade portuguesa, contra ela interposta pelo Mº Pº.
A recorrente defende a necessidade de se revogar o acórdão recorrido.
O Mº Pº contra-alegou, considerando 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.º 1, do CPTA).
O Mº Pº propôs a acção dos autos, onde se opôs à aquisição da nacionalidade portuguesa pela ora recorrente porque ela fora condenada - embora em pena de multa, mas sem ulterior reabilitação - por ter praticado um crime abstractamente punível com pena de prisão superior a três anos (arts. 9º, aI. b), da Lei n.º 37/81, de 3/10, e 56°, n.º 2, aI. b), do DL n.º 237-A/2006, de 14/12).
As instâncias convieram na procedência...
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