Acórdão nº 0205/14.7BESNT de Supremo Tribunal Administrativo (Portugal), 25 de Fevereiro de 2021
Magistrado Responsável | MADEIRA DOS SANTOS |
Data da Resolução | 25 de Fevereiro de 2021 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam, em apreciação preliminar, no Supremo Tribunal Administrativo: Parque Escolar, EPE, interpôs a presente revista do acórdão do TCA Sul confirmativo da sentença do TAF de Sintra que, na acção movida à recorrente por A…………, SA, anulou o acto aplicador de uma multa contratual no âmbito de uma empreitada de obras públicas.
A recorrente pugna pela admissão da sua revista porque ela concerne a uma questão relevante, repetível e incorrectamente decidida.
A autora e ora recorrida 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).
A autora e aqui recorrida impugnou «in judicio» a multa contratual que, já após a recepção provisória da obra de uma empreitada pública, a recorrente lhe impôs nos termos do art. 403º do CCP.
As instâncias convieram na anulação do acto impositivo da multa por esta possuir natureza compulsória e não ser, por isso, aplicável naquela fase da empreitada.
Na sua revista, a recorrente assevera que a multa prevista no citado artigo também assume...
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