Acórdão nº 072/19.4BCLSB de Supremo Tribunal Administrativo (Portugal), 01 de Julho de 2021
Magistrado Responsável | MADEIRA DOS SANTOS |
Data da Resolução | 01 de Julho de 2021 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam, em apreciação preliminar, no Supremo Tribunal Administrativo: A Federação Portuguesa de Futebol interpôs esta revista do aresto do TCA Sul revogatório do acórdão do TAD que, negando provimento ao recurso deduzido por Sporting Clube de Braga - Futebol, SAD, manteve as sanções disciplinares aplicadas a essa sociedade pelo Conselho de Disciplina da FPF.
O recorrido SCB, por sua vez, apresentou um recurso subordinado do mesmo acórdão do TCA.
A recorrente pugna pela admissão da revista por ela recair sobre questões jurídicas relevantes, repetíveis e mal decididas no TCA.
O recorrido SCB contra-alegou, defendendo o não provimento da revista.
Para além disso, o SCB apresentou um requerimento sobre «inconstitucionalidade». Mas essa peça, porque estranha aos poderes cognitivos desta formação («vide» o art. 150º do CPTA), não será tomada em consideração neste momento processual.
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).
In casu
, o TAD confirmou as sanções disciplinares aplicadas pelo Conselho de Disciplina da FPF ao SCB, SAD, por causa do comportamento dos adeptos do recorrido durante jogos de futebol.
Mas o...
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