Acórdão nº 00360/97 de Tribunal Central Administrativo Sul, 14 de Julho de 2004 (caso NULL)
Magistrado Responsável | António de Almeida Coelho da Cunha |
Data da Resolução | 14 de Julho de 2004 |
Emissor | Tribunal Central Administrativo Sul |
Acordam no 1º Juízo Liquidatário do T.C.A. Sul O Acordão proferido nos autos a fls. 76 e seguintes concedeu provimento ao recurso, anulando o indeferimento tácito impugnado, por ter concluido existir violação dos arts. 3º e 11º nº 1, al. a) do Dec. Lei nº 168/95, de 20 de Maio, bem como dos arts. 74º e 75º da C.R.P.
Todavia, o douto Acordão do S.T.A. de 3.7.03, revogou tal Acordão, ordenando a baixa dos autos ao T.C.A. para conhecimento dos demais vícios arguidos, quer pelo recorrente contencioso, quer pela Digna Magistrada do Mº Pº, ficando estabelecido que o Dec. Lei 168/85 não deve ser aplicado no caso dos autos.
Vejamos, pois, os restantes vícios alegados pelo recorrente, em obediência a tal aresto: Violação dos arts. 2º, 13º e 74º da C.R.P.
Violação do art. 5º do D.L. 441/91, de 15.11.
Violação do princípio da confiança e dos critérios da igualdade e da confiança.
A nosso ver tais vícios não se verificam.
Sendo entendimento corrente do STA, que há que respeitar, que o art. 72º nº 1 do D.L. 553/80 se encontra em vigor, salvo no disposto na al. d), tal vigência não se estende à contagem de serviço prestado no ensino particular.
O disposto na al. b) do nº 1 do art. 72º do D.L. 553/80 não é materialmente inconstitucional, como aliás se notou no douto aresto do S.T.A., não havendo violação dos arts. 2º, 13º e 74º da C.R.P.
Quanto à violação dos princípios da igualdade e da confiança (artº 5º do C.P.A.), a mesma não procede, pois que apesar de o ensino particular ter sido equiparado ao ensino público, é diferente, do ponto de vista substancial, a situação dos docentes oriundos do ensino particular. Não se pode...
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