Acórdão nº 073325 de Supremo Tribunal de Justiça (Portugal), 18 de Março de 1986
Magistrado Responsável | MAGALHÃES BAIÃO |
Data da Resolução | 18 de Março de 1986 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR OBG. DIR CONST - SISTEM FINANC FISC. DIR COM - TIT CREDITO. DIR INT PRIV.
Legislação Nacional: DL 262/83 DE 1983/06/16 ART4. LULL ART48 N2 ART49 N2. PORT 581/83 DE 1983/05/18 N4. CONST82 ART8 N2. CCIV66 ART559 N1. DL 200-C/80 DE 1980/06/24 ART1. PORT 447/80 DE 1980/07/31. DL 23721 DE 1934/03/29. DL 26556 DE 1936/04/30.
Jurisprudência Nacional: AC TC 153/85 IN DR DE 1986/01/03. AC TC 154/85 IN DR DE 1986/01/06. AC TC 155/85 IN DR DE 1986/01/07. AC TC 158/85 IN DR DE 1986/01/08. AC TC 159/85 IN DR DE 1986/01/08. AC TC 160/85 IN DR DE 1986/01/08. AC TC 161/85 IN DR DE 1986/01/08. AC TC 209/85 IN DR DE 1986/01/31. AC TC 210/85 IN DR DE 1986/02/03. AC TC 211/85 IN DR DE 1986/02/05. AC TC 212/85 IN DR DE 1986/02/05. AC TC 213/85 IN DR DE 1986/02/05. AC TC 214/85 IN DR DE 1986/02/05. AC TC 215/85 IN DR DE 1986/02/05. AC TC 216/85 IN DR DE 1986/02/05.
Sumário : I - Não e inconstitucional a parte da norma do artigo 4 do Decreto-Lei n. 262/83, de 16 de Junho, que, com recepção do disposto no n. 1 da Portaria n. 581/83, de 18 de Maio, 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 da recepção automatica geral ou plena do Direito Internacional Convencional; as normas constantes de convenções internacionais, regularmente ratificadas 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 Internacional...
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