Acórdão nº 15/20.2BEFUN de Tribunal Central Administrativo Sul, 07 de Janeiro de 2021
Magistrado Responsável: | SOFIA DAVID |
Data da Resolução: | 07 de Janeiro de 2021 |
Emissor: | Tribunal Central Administrativo Sul |
Acordam na 1.ª Secção do Tribunal Central Administrativo Sul A D..........., Lda (D...........), vem invocar em requerimento autónomo face ao recurso de revista que interpôs, a nulidade do Acórdão prolatado por o mesmo se ter pronunciado sobre a questão da litigância de má-fé do Recorrido, que diz ser uma questão que não vinha invocada nos autos e, como tal, não podia ser conhecida.
A W..........., Lda (WK) vem responder invocando a inadmissibilidade da dita arguição e que a alegada litigância de má-fé da Recorrida foi suscitada pela Recorrente e pela Entidade Demandada.
No que concerne à invocada nulidade e ao regime dos recursos em sede de contencioso administrativo, mormente do recurso de revista para o STA, conforme se indica no Ac. do STA n.º 01522/13, de 08-01-2014, “a imposição de arguir as nulidades dos acórdãos da 2ª instância, por via de recurso, não se adequa à natureza excepcional desta espécie de impugnação jurisdicional, de admissão incerta e não responde, com eficácia, às razões teleológicas - assegurar um processo económico e expedito - que justificaram a evolução da lei processual civil, nos termos supra indicados.
E isto, primeiro, porque o conhecimento das nulidades previstas no art. 668º do CPC não é, seguramente, a vocação de um recurso que se quer reservado para as grandes questões cujo relevo jurídico seja indiscutível; segundo, porque compromete a celeridade do processo e é irracional que, nas situações em que a parte prejudicada quer impugnar somente com fundamento nas nulidades do acórdão não se permita a arguição directa no tribunal que proferiu o acórdão e se lhe imponha a prévia interposição e alegação de um recurso excepcional cujos pressupostos sabe, de antemão, que se não verificam, tudo para que, no fim, depois de rejeitada a admissão do recurso e obtida a certeza de que o acórdão não admite recurso ordinário, os autos voltem ao tribunal a quo para que este conheça da arguição das nulidades, ao abrigo do disposto na primeira parte do art. 668º/4 do CPC; terceiro, porque mesmo nos demais casos de arguição de nulidades em conjunto com a invocação de erros de julgamento, nenhum ganho de celeridade haverá sempre que o recurso não seja admitido e os autos tenham de baixar ao tribunal a quo para que este conheça, em definitivo, da arguição das nulidades.
Deste modo, consideramos que a norma do art. 668º/4...
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