Acórdão nº 0526/15.1BEMDL de Supremo Tribunal Administrativo (Portugal), 27 de Maio de 2021
Magistrado Responsável | MADEIRA DOS SANTOS |
Data da Resolução | 27 de Maio de 2021 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam, em apreciação preliminar, no Supremo Tribunal Administrativo: O IFAP - Instituto de Financiamento da Agricultura e Pescas, IP, interpôs a presente revista do acórdão do TCA Norte confirmativo da sentença do TAF de Mirandela que – na acção instaurada por ANCRAS - Associação Nacional de Caprinicultores da Raça Serrana a fim de impugnar o acto do ora recorrente que impôs à autora a devolução de determinadas verbas – anulara tal acto, por prescrição.
O IFAP 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).
A autora e aqui recorrida impugnou «in judicio» o acto do IFAP que lhe ordenou a reposição de ajudas por ela recebidas ao abrigo de um determinado programa, no montante de € 329.913,66.
Fundando-se na posição do TJUE e na jurisprudência corrente do STA, as instâncias anularam o acto, por prescrição.
Na sua revista, o IFAP diz que aquela linha jurisprudencial não se aplica ao acto, já que este se cingiu à recuperação da comparticipação nacional. E assevera que esta outra questão de direito não foi enfrentada pelo TCA – que...
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