Acórdão nº 02218/19.3BELSB de Supremo Tribunal Administrativo (Portugal), 29 de Outubro de 2020
Magistrado Responsável | MADEIRA DOS SANTOS |
Data da Resolução | 29 de Outubro de 2020 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam, em apreciação preliminar, no Supremo Tribunal Administrativo: A………………..interpôs esta revista do acórdão do TCA Sul confirmativo da sentença do TAC de Lisboa que, por falta de «fumus boni juris», indeferiu o seu pedido de que se suspendesse a eficácia do acto, emanado da CM Lisboa, que licenciou determinada obra.
A recorrente pugna pela admissão da sua revista por ela incidir sobre uma questão relevante, susceptível de recolocação e mal decidida pelo aresto «sub specie».
O Município de Lisboa contra-alegou, defendendo a inadmissibilidade do recurso.
Cumpre decidir.
Ante omnia
, e face à inequívoca existência da recorrente, consignaremos que nenhuma razão aponta já para a inutilidade da revista interposta, pelo que a admissibilidade dela será aferida segundo as regras que lhe são próprias e que constam do art. 150º do CPTA. De todo o modo, e se concluirmos pelo recebimento do recurso, cumprirá à Secção retomar e enfrentar o problema.
A ora recorrente, mediante acção popular, requereu que se suspendesse judicialmente o acto da CM Lisboa que licenciou determinada obra – a executar num imóvel inscrito na Carta Municipal do Património – porque, e desde logo, a operação licenciada seria de construção e, por isso, ofensiva do art. 28º, n.º 1, do RPMDL (que só admite obras de conservação, de alteração e de ampliação).
As instâncias convieram no indeferimento da providência, por falta de «fumus boni juris»; pois entenderam que as obras consentidas pelo acto são integráveis no conceito de obras «de ampliação».
Na sua revista, a recorrente insurge-se contra esse entendimento, sustentando que o acto incide sobre genuínas obras de construção; e aduz que o Supremo deve enfrentar a...
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