Acórdão nº 0408925 de Court of Appeal of Porto (Portugal), 28 de Fevereiro de 1990
| Magistrado Responsável | NOEL PINTO |
| Data da Resolução | 28 de Fevereiro de 1990 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. REVOGADA A DECISÃO.
Área Temática: DIR CRIM - DIR PENAL ADUAN. DIR CONST - DIR FUND.
Legislação Nacional: CAD41 ART35 ART36 N5 ART37 PAR4 ART38 ART39. RGA ART694. DL 187/83 DE 1983/05/13 ART9 N1 N2 C N5 ART18 N1 ART28 N1 ART29 B. DL 421/86 DE 1986/12/27 ART14. CONST89 ART29 N4 ART282 N1 N4.
Jurisprudência Nacional: AC TC 187/87 DE 1987/06/02 IN DR IS-A 1987/06/17. AC TC 414/89 DE 1989/06/07.
Sumário: I - A declaração de inconstitucionalidade, pelo acórdão do Tribunal Constitucional nº 187/87, de 2 de Junho ( Diário da República I Série, de 17 do mesmo mês ), da norma do artigo 9 nº 2 alínea c) do Decreto-Lei nº 187/83, de 13 de Maio ( crime de contrabando de circulação ), em cuja vigência os factos ocorreram, envolve a repristinação das normas dos artigos 36 nº 5 e 37 parágrafo 4 do Contencioso...
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