Acórdão nº 0221/20.0BELSB-S1 de Supremo Tribunal Administrativo (Portugal), 29 de Abril de 2021
Magistrado Responsável | MADEIRA DOS SANTOS |
Data da Resolução | 29 de Abril de 2021 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam, em apreciação preliminar, no Supremo Tribunal Administrativo: O MºPº interpôs a presente revista do acórdão do TCA Norte confirmativo do despacho do Mm.º Juiz do TAF de Almada que – na acção movida por A………, identificado nos autos, ao Estado e ao Instituto dos Registos e Notariado, IP, para obter a condenação solidária dos réus no pagamento de uma indemnização – indeferiu a arguição de nulidade de falta de citação do Estado, que fora citado através do Centro de Competências Jurídicas do Estado.
O MºPº pugna pela admissão da sua revista por ela recair sobre uma «quaestio juris» relevante, repetível e incorrectamente decidida.
Aquele Centro veio contra-alegar, dizendo que o recurso é inadmissível.
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 MºPº arguiu no sobredito processo a nulidade de falta de citação do Estado por entender que este réu deve ser representado por si, sendo inconstitucionais quaisquer normas – designadamente os arts. 11º, n.º 1, e 25º, n.º 4, do CPTA, na redacção introduzida pela Lei n.º 118/2019, de 17/9 – que disponham em contrário.
As instâncias recusaram tal...
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