Acórdão nº 2073/16.5BELSB-A de Tribunal Central Administrativo Sul, 27 de Fevereiro de 2020
Magistrado Responsável | SOFIA DAVID |
Data da Resolução | 27 de Fevereiro de 2020 |
Emissor | Tribunal Central Administrativo Sul |
Acordam na 1.ª Secção do Tribunal Central Administrativo Sul D................vem apresentar recurso - que se entende de revista - para o STA do Acórdão prolatado por este TCAS em 18/12/2019 e nessa sede suscita diversas nulidades decisórias.
O Recorrente invoca uma nulidade decisória advogando que um dos Juízes que subscreveu o dito acórdão estava impedido de o prolatar, nos termos do art.º 115.º, n.º1, als. c) e), do CPC, por ter sido Juíza Secretária do CSTAF e ter tramitado e respondido nessa qualidade a pedidos de esclarecimentos e denúncias que o ora Recorrente aí fez contra a Juíza que proferiu a sentença em 1.º instância e contra a Juíza Relatora nestes autos.
A referida invocação não constitui uma nulidade decisória – cf. art.º 615.º do CPC.
Igualmente, não se verificam os pressupostos para a existência de um impedimento nos termos dos citados normativos por a indicada Juíza não se ter pronunciado sobre a presente causa, enquanto Juíza Secretária do CSTAF, ou ter tido intervenção na mesma como Juíza de outro Tribunal.
O Recorrente advoga a existência de uma outra nulidade decisória adveniente da falta de vistos prévios.
A indicada nulidade não ocorre por se estar frente a um processo urgente, que dispensa vistos prévios – cf. art.º 36.º, n.º 2, do CPTA.
O Recorrente invoca, igualmente, a nulidade decisória advogando que o Acórdão proferido aduz factos inverídicos, deturpados...
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