Acórdão nº 0155/17.5BEMDL de Supremo Tribunal Administrativo (Portugal), 27-01-2022
Data de Julgamento | 27 Janeiro 2022 |
Ano | 2022 |
Número Acordão | 0155/17.5BEMDL |
Órgão | Supremo Tribunal Administrativo (Portugal) |
Acordam no Supremo Tribunal Administrativo
1. Relatório
Município de Mondim de Basto vem interpor revista, nos termos do art. 150º do CPTA, do acórdão do TCA Norte proferido em 05.02.2021 que concedeu provimento ao recurso que a Autora A…………, Lda interpusera da sentença do TAF de Mirandela que julgou improcedente a acção administrativa comum, de responsabilidade civil extracontratual, que contra si foi intentada por aquela, pedindo a condenação do Réu/Recorrente no pagamento da quantia de €92.427,20, acrescida de juros à taxa legal a contar da citação.
O Recorrente fundamenta a admissibilidade da revista na necessidade de uma melhor aplicação do direito.
Em contra-alegações a Recorrida defende que a revista não deve ser admitida ou deve improceder.
2. Os Factos
Os factos dados como provados são os constantes do acórdão recorrido para onde se remete.
3. O Direito
O art. 150º, nº 1 do CPTA prevê que das decisões proferidas em 2ª instância pelo Tribunal Central Administrativo possa haver, excepcionalmente, revista para o Supremo Tribunal Administrativo “quando esteja em causa a apreciação de uma questão que, pela sua relevância jurídica ou social, se revista de uma importância fundamental” ou “quando a admissão do recurso seja claramente necessária para uma melhor aplicação do direito”.
Como resulta do próprio texto legal, e a jurisprudência deste STA tem repetidamente sublinhado, trata-se de um recurso excepcional, como, aliás, o legislador sublinhou na Exposição de Motivos das Propostas de Lei nºs 92/VIII e 93/VIII, considerando o preceito como uma...
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