Acórdão nº 00240/17.3BEVIS de Tribunal Central Administrativo Norte, 18 de Maio de 2018
Magistrado Responsável | Luís Migueis Garcia |
Data da Resolução | 18 de Maio de 2018 |
Emissor | Tribunal Central Administrativo Norte |
Acordam em conferência os juízes deste Tribunal Central Administrativo Norte, Secção do Contencioso Administrativo: RVT, S.A.
(Rua N…, 2350-413 Torres Novas) interpõe recurso jurisdicional de decisão proferida pelo TAF de Viseu, que, em acção de contencioso pré-contratual por si interposta contra Município de Viseu (Praça da República, 3514-501 Viseu), indicando como contra-interessada a sociedade EBC, Ldª (P…I, 3502-903 Viseu), julgou “procedente a excepção peremptória de caducidade do direito de acção”, na qual peticionou a anulação da adjudicação a favor da contra-interessada, ou, caso assim não fosse entendido, a declaração de caducidade dessa adjudicação.
A recorrente conclui: A. A Sentença recorrida padece de vários erros de julgamento, no plano dos factos e do Direito.
B. No que toca ao julgamento dos factos, o Tribunal a quo nunca poderia ter dado como provado o facto constante do ponto 10) dos Factos Provados porque não existe nenhum Despacho do Sr. Vice-Presidente de 20.02.2017, na medida em que no dia 21.02.2017 o que foi colocado na plataforma eletrónica foi uma mera minuta com a redação descrita no Ponto 11) dos Factos Provados.
C. Até à presente data, a Recorrente ainda não foi notificada do suposto “Despacho do Sr. Vice-Presidente de 20.02.2017”, notificação essa que é obrigatória nos termos do n.º 1 do artigo 77º do CCP, porque o Município de Viseu nunca colocou o tal Despacho do Sr. Vice-Presidente de 20.02.2017 na plataforma eletrónica onde o Concurso foi tramitado.
D. Apenas por um grave erro de julgamento pôde o Tribunal a quo dar como provado o ponto 10. dos Factos Provados (e, pior, considerado que a Recorrente foi notificada do tal Despacho no dia 21.02.2017 data em que o Município de Viseu se limitou a colocar na plataforma uma mera minuta e não o mencionado Despacho).
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