Acórdão nº 0571/18.5BECTB de Supremo Tribunal Administrativo (Portugal), 20 de Fevereiro de 2020
Magistrado Responsável | MADEIRA DOS SANTOS |
Data da Resolução | 20 de Fevereiro de 2020 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam, em apreciação preliminar, no Supremo Tribunal Administrativo: Asfoala - Associação de Produtores Florestais do Alto Alentejo interpôs a presente revista do acórdão do TCA-Sul confirmativo da sentença do TAF de Castelo Branco que, após antecipar o juízo sobre a causa principal – no meio cautelar deduzido pela ora recorrente para que suspendesse a eficácia do acto, emanado do Instituto de Financiamento da Agricultura e Pescas, IP, que, no âmbito de um contrato de financiamento, impusera à ora recorrente a devolução de 187.462,34 €, por ela recebidos a título de subsídio ao investimento – julgara a acção totalmente improcedente.
A recorrente defende o recebimento da revista por esta tratar de questões jurídicas relevantes e mal decididas.
O IFAP contra-alegou, pugnando pela 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. 150º, n.º 1, do CPTA).
A aqui recorrente requereu «in judicio» a suspensão da eficácia do acto do IFAP que alterou o contrato de financiamento havido entre as partes e lhe impôs a devolução da quantia de € 187.462,34.
Ora, o TAF...
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