Decreto-Lei n.º 41/76, de 20 de Janeiro de 1976
Decreto-Lei n.º 41/76 de 20 de Janeiro Por força do artigo 8.º do Decreto-Lei n.º 277/74, de 25 de Junho, o julgamento dos recursos das decisões proferidas nos processos de saneamento da função pública pertencia ao Supremo Tribunal Administrativo.
Posteriormente, o artigo 12.º do Decreto-Lei n.º 123/75, de 11 de Março, veio atribuir tal competência ao Conselho de Ministros, estabelecendo-se ainda neste artigo que as sanções aplicadas ao abrigo do Decreto-Lei n.º 277/74, de 25 de Junho, poderiam ser revistas pelo Conselho da Ministros a requerimento dos interessados, com excepção feita nos casos de demissão automática por força da lei previstos no artigo 7.º do Decreto-Lei n.º 277/74, de 25 de Junho.
Contudo, o artigo 2.º do Decreto-Lei n.º 124/75, de 11 de Março, veio dispor que caberia recurso para a Junta de Salvação Nacional, hoje Conselho da Revolução, das deliberações da Comissão Interministerial de Saneamento e Reclassificação, homologada nos termos do n.º 2 do artigo 3.º do Decreto-Lei n.º 123/75, de 11 de Março.
Daqui se infere que ficou instituído um dualismo quanto ao órgão de apreciação de recursos que tem como objecto decisões cuja natureza se pode considerar idêntica, e é assim que, para se evitar tal sistema, em que se não descortina...
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