Acórdão nº 029/14.1BEPRT 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: A……………, identificado nos autos, interpôs esta revista do acórdão do TCA Norte confirmativo da sentença do TAF do Porto que julgou improcedente a acção indemnizatória dos autos – proposta pelo recorrente contra o Instituto da Segurança Social, IP, e B………….., sua funcionária, por causa de erros havidos num procedimento de concessão de apoio judiciário.
O recorrente pugna pela admissão da revista por esta incidir sobre uma questão relevante e mal decidida.
Só o ISS contra-alegou, defendendo a inadmissibilidade da revista.
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 accionou o ISS e uma sua funcionária a fim de obter a condenação dos réus a indemnizá-lo pelos danos materiais e morais que sofreu em virtude anomalias verificadas no processamento de um seu pedido de apoio judiciário, as quais o impediram de se defender eficazmente numa execução contra si instaurada.
As instâncias convieram na improcedência da causa, tendo atribuído à negligência do autor as vicissitudes havidas no processamento daquele pedido de patrocínio.
Em prol do recebimento da revista, o recorrente alude à relevância pessoal, social e jurídica do assunto; e invoca...
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