Acórdão nº 093/12.8BEBRG-A de Supremo Tribunal Administrativo (Portugal), 04 de Fevereiro de 2021
Magistrado Responsável | MADEIRA DOS SANTOS |
Data da Resolução | 04 de Fevereiro de 2021 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam, em apreciação preliminar, no Supremo Tribunal Administrativo: O Município da Póvoa de Lanhoso vem reclamar «para a conferência» do acórdão proferido em 19/11/2020, que não admitiu a revista que interpusera, pois entende que se impunha a admissão do recurso.
A parte adversa não respondeu.
Cumpre decidir.
Ante omnia
, importa precisar o seguinte: só há reclamações para a conferência de despachos do relator («vide» os arts. 27º, n.º 2, do CPTA e 652º, n.º 3, do CPC). Mas a pronúncia ora reclamada é um acórdão, como a reclamante reconhece «expressis verbis»; pelo que a pretendida «reclamação para a conferência carece de objecto e de sentido.
Contudo, tal reclamação é aproveitável – e cognoscível – como pedido de reforma do mesmo aresto (art. 616º, n.º 2, do CPC). E encará-la-emos assim.
Depois de recusar o recebimento da revista no tocante às fundamentais «quaestiones juris» que nela se colocavam, o acórdão «sub specie» disse que também não se justificava recebê-la a propósito de uma sanção pecuniária compulsória unanimemente imposta pelas instâncias, por se tratar de questão que, embora duvidosa, é «lateral ou acessória» e por haver urgência na resolução do litígio.
O reclamante discorda, afirmando que a problemática relativa a tal sanção é importante e que a admissão do recurso não atrasaria o desfecho da causa. Mas essas afirmações do reclamante – e...
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