Acórdão nº 02788/17.0BELSB 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: A Caixa Geral de Aposentações interpôs esta revista do acórdão do TCA Sul confirmativo da sentença do TAC de Lisboa que – na acção instaurada contra a recorrente por A……….., identificado nos autos, para invalidar o acto que homologou o relatório da junta médica que apreciou a incapacidade do autor, vítima de um acidente em serviço quando exercia ainda as funções de agente da PSP – anulara o acto impugnado por falta de fundamentação.
A CGA pugna pela admissão da sua revista por ela recair sobre uma questão relevante e mal decidida pelo tribunal «a quo».
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).
O autor e aqui recorrido impugnou o acto da CGA homologatório do resultado da junta médica da mesma entidade que, atribuindo-lhe embora uma IPP de 39,94% – resultante de um acidente em serviço e motivadora da sua prematura aposentação por incapacidade para todos os serviços da PSP –...
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