Acórdão nº 01043/19.6BEBRG de Supremo Tribunal Administrativo (Portugal), 08 de Abril de 2021
Magistrado Responsável | MADEIRA DOS SANTOS |
Data da Resolução | 08 de Abril de 2021 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam, em apreciação preliminar, no Supremo Tribunal Administrativo: A Caixa Geral de Aposentações interpôs esta revista do acórdão do TCA Norte confirmativo da sentença do TAF de Braga que – na acção contra ela instaurada por A………., identificada nos autos, relativa a uma dívida resultante de retroacção conexa com a pensão de sobrevivência – anulara o acto impugnado, por falta de fundamentação.
A recorrente CGA pugna pelo recebimento da revista por ela incidir sobre matéria relevante, complexa e mal decidida.
A autora contra-alegou, defendendo a inadmissibilidade do recurso.
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, notificada do acto que lhe atribuiu uma pensão de sobrevivência, impugnou «in judicio» o segmento dele onde a CGA lhe impôs uma dívida – resultante de retroacção e prevista no art. 61º do EPS – de € 22.339,85, pagável em sessenta prestações.
As instâncias convieram em anular esse...
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