Acórdão nº 01100/20.6BELSB de Supremo Tribunal Administrativo (Portugal), 18 de Fevereiro de 2021
Data | 18 Fevereiro 2021 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
Acordam, em apreciação preliminar, no Supremo Tribunal Administrativo: A…………, identificado nos autos, interpôs a presente 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 por uma melhor aplicação do direito.
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 realidade – entretanto agravada pela situação pandémica –...
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