Acórdão nº 050/20.0BCLSB de Supremo Tribunal Administrativo (Portugal), 19 de Novembro de 2020
Magistrado Responsável | MADEIRA DOS SANTOS |
Data da Resolução | 19 de Novembro de 2020 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam, em apreciação preliminar, no Supremo Tribunal Administrativo: A Federação Portuguesa de Futebol interpôs esta revista do aresto do TCA Sul confirmativo do acórdão do TAD que, concedendo a impugnação deduzida pelo Sporting Clube de Braga - Futebol, SAD, suprimira a sanção disciplinar que lhe fora aplicada pelo Conselho de Disciplina da FPF devido ao teor de um artigo publicado no «twitter» oficial do clube.
A recorrente pugna pela admissão da revista por ela recair sobre questões jurídicas relevantes e mal decididas no TCA.
O recorrido SCB contra-alegou, defendendo a improcedência do recurso.
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 ora recorrido SCB impugnou no TAD o acto do Conselho de Disciplina da FPF que o punira pela divulgação de um texto, sobre arbitragem no futebol, susceptível de afectar a credibilidade das competições e de ferir a honra e a reputação dos visados.
O TAD «revogou» o acto punitivo.
E o TCA Sul manteve esse julgado, realmente anulatório, fazendo-o por razões centradas na «liberdade de expressão».
Na sua revista, a FPF critica o acórdão recorrido porque a temática dos autos – que é de índole puramente disciplinar – deve...
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