Acórdão nº 038/03.6BTLSB de Supremo Tribunal Administrativo (Portugal), 09 de Junho de 2022
Data | 09 Junho 2022 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
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O MUNICÍPIO DE LOULÉ - recorrido no âmbito do recurso contencioso e do recurso jurisdicional interposto pela recorrente contenciosa A…..
- notificado do acórdão desta Secção - de 07.04.2022 - que, negando provimento à sua reclamação, decidiu manter o despacho do Relator - datado de 11.02.2022 -, vem dele apresentar «reclamação» - invocando os artigos 643º e 652º, nº5, do CPC ex vi artigo 102º da LPTA.
A A….
- sucessora da primitiva recorrente contenciosa, e recorrente jurisdicional - respondeu a essa pretensão defendendo a sua inadmissibilidade processual e, de todo o modo, o seu total indeferimento.
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O ora reclamante vem, no fundo, apontar erros de julgamento de direito ao acórdão da Secção - acórdão objecto da sua reclamação - uma vez que, contrariamente ao aí decidido, defende que o tribunal ad quem deveria ter-se pronunciado sobre os pressupostos de admissão do recurso jurisdicional, nomeadamente o da sua tempestividade, e, por isso, deveria tê-lo rejeitado, porque indevidamente admitido. E acrescenta que a omissão de uma tal pronúncia constitui nulidade processual, que invoca. Além disso, insiste que o acórdão reclamado deveria ter admitido o recurso para o Pleno, apesar do disposto no artigo 24º do ETAF - na versão aqui aplicável.
Cumpre dizer o seguinte: A presente reclamação vem interposta ao abrigo dos artigos 643º e 652º, nº5, do CPC, «aplicáveis ex vi artigo 102º da LPTA». Ora, quer o reclamante se refira a esses artigos na versão vigente ao tempo da LPTA - CPC na versão decorrente do DL nº324/2003, de 27.12 -...
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