Acórdão nº 1083/20.2BELSB de Tribunal Central Administrativo Sul, 17 de Dezembro de 2020
Magistrado Responsável: | CATARINA VASCONCELOS |
Data da Resolução: | 17 de Dezembro de 2020 |
Emissor: | Tribunal Central Administrativo Sul |
Acordam na Secção de Contencioso Administrativo do Tribunal Central Administrativo Sul I – Relatório: A....., nacional da República do Senegal, intentou, no Tribunal Administrativo de Círculo de Lisboa a presente ação administrativa contra o Ministério da Administração Interna pedindo a anulação da decisão do Diretor Nacional Adjunto do Serviço de Estrangeiros e Fronteiras, de 6 de abril de 2020, que considerou inadmissível o pedido de proteção internacional que formulou, determinando a sua transferência para Itália, bem como a condenação da Entidade Demandada na prática do ato de concessão do direito de asilo ou, subsidiariamente, de autorização de residência por proteção subsidiária.
Por sentença de 27 de julho de 2020 foi a ação jugada improcedente.
O A., inconformado, recorreu de tal decisão, formulando as seguintes conclusões: A. O Recorrente não se conforma com a decisão de julgar improcedente a ação de anulação da decisão que determinou a transferência do Recorrente para Itália, não concedendo por isso o direito de asilo ao Recorrente, bem como ter julgado improcedente o pedido de concessão do regime de proteção internacional, porquanto considera que não foram tidos em conta todos os factos essenciais constantes dos autos.
B. O Estado Português poderia invocar o Princípio da não repulsão, optando por não enviar o Recorrente para a Alemanha.
C. Só assim Portugal não compactua com a violação de direitos humanos consagrados na Convenção de Direitos do Homem.
D. Ao ser tomado a cargo pela Itália o Recorrente será enviado ou para um campo de refugiados em que viverá em condições desumanas, num lugar sobrelotado, sem condições de higiene, ou irá ser colocado numa casa cujas condições não são muito diferentes do campo, apesar de ter uma habitação.
E. Certo é que não poderá desenvolver qualquer atividade, apenas terá acesso a prostituição, drogas e a convites a enveredar por uma vida de crime.
F. Refere a douta sentença que apesar das notícias sobre a existência de deficiências sistémicas de Itália no acolhimento de Recorrentes de asilo, entendeu não acompanhar esse entendimento, entendendo que “não constituem razões sérias e verosímeis de que o requerente corra o risco real de ser sujeito a tratos desumanos ou degradantes, mormente tortura, por parte das autoridades italianas.” G. Ora, sendo aceite pelo Tribunal a quo que existem violação dos direitos humanos apenas poderá a Justiça portuguesa esperar que no seu retorno o Recorrente verá os...
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