Acórdão nº 079399 de Supremo Tribunal de Justiça (Portugal), 11 de Dezembro de 1990 (caso NULL)
Magistrado Responsável | MARQUES CORDEIRO |
Data da Resolução | 11 de Dezembro de 1990 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR COM - TIT CREDITO. DIR INT PUBL.
Legislação Nacional: DL 262/83 DE 1983/06/16 ART4. CONST82 ART8 N2.
Referências Internacionais: CONV DE GENEBRA DE 1930/06/07.
Jurisprudência Nacional: AC STJ DE 1985/12/10 IN BMJ N352 PAG402. AC STJ DE 1986/03/18 IN BMJ N353 PAG175.
Sumário : I - Não e inconstitucional a parte da norma do artigo 4 do Decreto-Lei n. 262/83, de 16.6, que, com a recepção do disposto no n. 1 da Portaria n. 581/83 de 18.5, elevou a taxa de juros de mora das letras, emitidas e pagaveis em territorio portugues, para 23% ao ano. II - Em principio, de harmonia com o disposto no artigo 8 n. 2 da Constituição da Republica Portuguesa, que consagra a regra de recepção automatica geral ou plena do Direito Internacional Convencional, as normas de convenções internacionais, regularmente ractificadas ou aprovadas, vigoram na Ordem Interna, apos a sua publicação oficial e enquanto vincularem internacionalmente o Estado Portugues. III - Donde tais normas - dado o primado ou primazia do Direito Convencional - assumirem natureza supra legal, não podendo ser alteradas por acto interno e so deixam de vigorar na Ordem Interna, quando a Convenção por qualquer motivo, deixar de vincular o Estado Portugues. IV - O compromisso assumido pelo Estado Portugues ao vincular-se a Convenção de Genebra de 7 de Junho de 1930, que...
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