Acórdão nº 01225/16.2BEPNF de Supremo Tribunal Administrativo (Portugal), 27 de Setembro de 2019
Magistrado Responsável | MADEIRA DOS SANTOS |
Data da Resolução | 27 de Setembro de 2019 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam, em apreciação preliminar, no Supremo Tribunal Administrativo: O Ministério da Administração Interna (MAI) interpôs a presente revista do acórdão do TCA Norte confirmativo da sentença do TAF de Penafiel que, julgando procedente a acção instaurada por A…………, antigo agente da PSP identificado nos autos, contra o MAI, anulou o acto que aplicara ao autor a pena de demissão, substituída pela perda da pensão de aposentação pelo período de quatro anos.
O recorrente MAI pugna pela admissão da revista por ela tratar de questões relevantes e mal decididas.
Não houve contra-alegação.
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. 150º, n.º 1, do CPTA).
In casu
, as instâncias convieram na anulação do acto impugnado – que aplicou ao autor e aqui recorrido a pena disciplinar de demissão, substituída pela perda da pensão de aposentação durante quatro anos – porque ele padeceria de três vícios invalidantes (prescrição do procedimento, caducidade do direito de aplicar a pena e inconstitucionalidade do art. 26º do RD da PSP).
Na sua revista, o MAI questiona a existência do primeiro vício (directamente) e do segundo...
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