The Constitutional Court refused the request for clarification presented by Macário Correia considering that the alleged "contradiction between the decision rendered and the respective grounds can only result from an inattentive reading of its content" of the judgment issued about a month ago by the same court.
"In fact, only by mere lapse can one understand the statement that in the judgment, whose clarification is required, it was acknowledged and accepted "that the Appellant has fulfilled (...) the burden of which he is omitted before the Supreme Administrative Court" », it is read in the decision of decision on the request for clarification, already published by the Constitutional Court.
In the grounds of the decision to "reject the application filed", the TC says that it stated "exactly the opposite" of what Macário Correia's defense claimed in the request for clarification.
The court refers to the original judgment, where it had already stated that Macário Correia should have "raised or renewed the raising of the question that it intended to raise as the object of a further constitutionality appeal" in the appeal stage to the STA. That is, this claim at a later stage is "already untimely"
"It is also noted that, "when the aforementioned procedural document was complied with, it appears that, in no passage, however, did the appellant adequately state - expressly, directly and clearly - the question of constitutionality that he erected as the object of this appeal, selecting the concrete legal provisions, in whose conjugation the same question is based"", reads in the judgment.
In this way, the invocation of the alleged contradiction was considered "manifestly unfounded"
"In these terms, Judgment No. 24/2013 does not contain any obscurities or ambiguities, capable of, respectively, preventing the intelligibility of the thought expressed therein or generating doubts about its meaning, given that the applicant does not specify any excerpt of the decision which, strictly speaking, makes its request well founded, it is concluded by the rejection of the request for clarification presented”, added the rapporteur of the judgment.
Despite already being aware of the decision and having given public notice of it in a press release sent to the newsrooms, Macário Correia said this Monday that he will remain in office.
The mayor of Faro he has been very cautious when it comes to announcing a possible re-candidacy for the position, at a time when he risks losing his mandate due to the alleged violation of territorial planning instruments when he was mayor in Tavira.
A few months before Local Elections, Macário Correia has avoided taking any position on whether or not he will run for the Chamber of Faro. The same path chosen by the president of the PSD/Algarve Luís Gomes, who told Agência Lusa that the decision will only be taken when the process of losing his mandate is concluded.
“We reiterate our position on the case, which is to wait for the conclusion of the process. Things are being dealt with within the party, while we await the conclusion of this process. Until then, we won't speak again», said Luís Gomes.
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