Acórdão nº 03074/07 de Tribunal Central Administrativo Sul, 06 de Dezembro de 2007
Magistrado Responsável | Magda Geraldes |
Data da Resolução | 06 de Dezembro de 2007 |
Emissor | Tribunal Central Administrativo Sul |
Acordam no TCAS, Secção Contencioso Administrativo, 2º Juízo CARLOS ...
, identificado nos autos, requereu a reforma do acórdão proferido a fls. 261 a 265 dos autos, que negou provimento ao recurso jurisdicional por si interposto da sentença do TAF de Lisboa que rejeitou o seu pedido de intimação para defesa de direito pessoal, nos autos de intimação para defesa de direitos, liberdades e garantias que intentou contra a ORDEM DOS REVISORES OFICIAIS DE CONTAS.
Fundamenta o pedido de reforma de tal acórdão na inconstitucionalidade material da norma do nº1 do artº 109º do CPTA, "in concreto aplicada: a norma do nº1 do artº 109º do CPTA, segundo uma dimensão hermenêutica ofensiva da garantia fundamental de acesso ao direito e aos tribunais; mais precisa e objectivamente, uma norma jurídica... inaplicável, porque efectivamente revogatória da norma legal cuja interpretação materializa! (...)." E requer, ao abrigo do disposto no artº 669º, nº2-a) do CPC: "(...) se digne esse Alto Tribunal ad quem reformar radicalmente, revogar, efectivamente, o Acórdão aqui impugnado, concedendo, em derradeiro julgado, o justo provimento ao recurso jurisdicional em pendência." Nos termos do disposto no artº 669º, nº2-a) do CPC, quanto ao pedido de reforma de uma decisão judicial, "2. É ainda lícito a qualquer das partes requerer a reforma da sentença quando: a) tenha ocorrido manifesto lapso do juiz na determinação da norma aplicável ou na qualificação jurídica dos factos, (...)." No caso dos autos, o requerente da reforma do acórdão identifica tal manifesto lapso na determinação da norma aplicável com a inconstitucionalidade material da norma do nº1 do artº 109º do CPTA, concretamente aplicada pelo acórdão ora sob reforma.
Todavia, o que o requerente pretende não se enquadra no...
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