Acórdão nº 0128/20.0BELSB de Supremo Tribunal Administrativo (Portugal), 21 de Janeiro de 2021
| Magistrado Responsável | MADEIRA DOS SANTOS |
| Data da Resolução | 21 de Janeiro de 2021 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam, em apreciação preliminar, no Supremo Tribunal Administrativo: A…………, identificado nos autos, interpôs esta revista do aresto do TCA Sul confirmativo da sentença do TAC de Lisboa que – na acção deduzida pelo recorrente contra o MAI a fim de impugnar o acto do SEF que considerara inadmissível o seu pedido de protecção internacional e impusera a sua transferência para Itália – julgou a causa improcedente.
O recorrente pugna pela admissão da revista por esta incidir sobre matéria relevante, repetível e mal decidida.
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 recorrente impugnou o acto do SEF que considerou inadmissível o seu pedido de protecção internacional e impôs a sua transferência para Itália – onde anteriormente formulara um pedido do género.
As instâncias convieram na improcedência da acção, tendo o TCA decidido por maioria.
Na sua revista, o recorrente insiste na existência de falhas sistémicas no regime italiano de recepção de refugiados, razão por que, a seu ver, o SEF incorreu num défice de instrução ao abster-se de averiguar e ponderar tal...
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