Acórdão nº 01155/16.8BEPNF de Tribunal Central Administrativo Norte, 20 de Dezembro de 2019
Magistrado Responsável: | Rogério Paulo da Costa Martins |
Data da Resolução: | 20 de Dezembro de 2019 |
Emissor: | Tribunal Central Administrativo Norte |
EM NOME DO POVO Acordam em conferência os juízes da Secção de Contencioso Administrativo do Tribunal Central Administrativo Norte: P. C. F. R. T.
veio interpor o presente RECURSO JURISDICIONAL do saneador-sentença do Tribunal Administrativo e Fiscal de Penafiel, de 29.07.2019, pelo qual foi julgada procedente a excepção dilatória de litispendência e, em consequência, foi absolvido da instância o Ministério da Educação, quanto a todos os pedidos formulados e absolvido o Estado Português da instância, quanto aos pedidos formulados nas alíneas B) a D), considerando prejudicado o conhecimento da excepção da litispendência quanto ao pedido formulado na alínea A), atenta a precedente absolvição da instância quanto a este com fundamento em ilegitimidade passiva.
Invocou para tanto, em síntese, que se verifica a nulidade da sentença recorrida por omissão de pronúncia e que não se verifica a excepção da litispendência, por o pedido e a causa de pedir não serem idênticos.
Os Recorridos contra-alegaram defendendo a manutenção do decidido.
O Juiz a quo pronunciou-se sobre a nulidade da sentença recorrida por omissão de pronúncia no sentido de que a mesma não se verifica.
*Cumpre decidir já que nada a tal obsta.
*I - São estas as conclusões das alegações que definem o objecto do presente recurso jurisdicional: 1) Entendeu o Tribunal a quo absolver os Réus (ora recorridos) da instância; 2) Porém, mal andou ao fazê-lo, pois que não existe litispendência; 3) O Tribunal a quo laborou em erro de julgamento e, pior do que isso, a sua sentença é nula por omissão de pronúncia, como decorre do disposto nas disposições conjugadas dos artigos 608 0 no 2 e 615 0, no 1. alínea d), ambos do CPC, aplicáveis ex vi artigo 1º do CPTA.
4) Com efeito, é nula a sentença quando o juiz deixe de pronunciar-se sobre questões que devesse apreciar ou conheça de questões de que não podia tomar conhecimento.
5) Por outro lado, o juiz deve resolver todas as questões que as partes tenham submetido à sua apreciação, exceptuadas aquelas cuja decisão esteja prejudicada pela solução dada a outras. Não pode ocupar-se senão das questões suscitadas pelas partes, salvo se a lei lhe permitir ou impuser o conhecimento oficioso de outras; 6) Assim, no caso sub judicio deveria ter-se pronunciado quanto ao facto de à Recorrente ter sido vedado concorrer ao ensino público, para o qual se encontrava profissionalmente habilitada (causando-lhe prejuízos de que pretende ser indemnizada), mais...
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