Acórdão nº 05788/09 de Tribunal Central Administrativo Sul, 15 de Setembro de 2011
Magistrado Responsável: | PAULO PEREIRA GOUVEIA |
Data da Resolução: | 15 de Setembro de 2011 |
Emissor: | Tribunal Central Administrativo Sul |
S.
Acordam, em conferência, na Secção de Contencioso Administrativo do Tribunal Central Administrativo Sul: I. RELATÓRIO A..., com os sinais dos autos, apresentou A.A.C. contra ESCOLA SUPERIOR DE TECNOLOGIA E GESTÃO DE PORTALEGRE, com os sinais dos autos, Pedindo: deve, por sentença, condenar-se o demandado: a) pagar o valor de 30% sobre o índice 150; b) pagar o valor das diferenças, já vencidas e vincendas; c) juros à taxa legal sobre os valores vencidos e vincendos.
Após os articulados, por despacho saneador (arts. 787º e 510º-1-b CPC) daquele tribunal, foi decidido julgar a p.i. inepta (e não inapta) e absolver a ré da instância.
Inconformado, vem A... recorrer para este T.C.A.-Sul, tendo formulado as seguintes CONCLUSÕES: 1. Na petição inicial constam todos os elementos factuais da causa de pedir e do respectivo pedido; 2. Na mesma peça foi requerido que o Tribunal ordenasse à recorrida que juntasse aos autos documentos para com segurança se formarem as diferenças reclamadas; 3. Despacho que não terá sido proferido, o que corresponde a omissão de pronúncia, artigo 668°, 1, d) do C.P.C.
4. Entendendo-se no pré-saneador que existia deficiência, omissão ou irregularidades, devia e podia ter sido proferido despacho de aperfeiçoamento e não de absolvição da instância em manifesta a violação do artigo 88°, 89°, 1) a do C.P.T.A. e artigos 265°, 265-A do C.P.C.
O recorrido apresentou CONTRA-ALEGAÇÕES, concluindo: Nos termos das disposições concertadas dos arts. 193°, n? 2,288°, n° 1, b), 471°, n° 1, "a contrario", 493°, nº 2 e 494°, n° 1, b), todos do Código do Processo Civil, aplicáveis por força do disposto no art. 1°, "in fine" do CPTA, que a douta sentença recorrida respeitou, deve ser mantida nos seus precisos termos.
* O Exmº representante do Ministério Público junto deste Tribunal foi notificado para, em defesa dos direitos fundamentais dos cidadãos, de interesses públicos especialmente relevantes ou de algum dos valores ou bens referidos no n.º 2 do artigo 9.º do CPTA, se pronunciar sobre o mérito do recurso (art. 146º nº 1 do CPTA).
* Colhidos os vistos nos termos legais, importa agora em conferência apreciar e decidir.
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FUNDAMENTAÇÃO II.1. FUNDAMENTAÇÃO DE FACTO NA 1ª INSTÂNCIA 1º O demandante, foi admitido ao serviço da Escola Superior de Tecnologia de Tomar, como se constata na acta do Conselho Científico de 9/11/1989, doc. 1.
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O contrato foi renovado com o demandado em 31/08/2007, em renovação do celebrado em 9/11/1989, doc. 2.
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Foi-lhe atribuída a categoria de equiparação a assistente do 2º triénio, cfr. Docs. 1 e 2.
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Actualmente, aufere a remuneração de2.336,97€1mês, o que corresponde ao 3 ° escalão, índice 150 do estatuto remuneratório do pessoal docente do Ensino Superior Politécnico para a categoria atribuída, cfr. doc. 2.
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Foi publicado no D.R.2ª Serie, n° 207, de 26/10, página 31041, na coluna da esquerda, o...
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