Acórdão nº 9050119 de Court of Appeal of Porto (Portugal), 18 de Abril de 1990
| Magistrado Responsável | ALVES RIBEIRO |
| Data da Resolução | 18 de Abril de 1990 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: CONFLITO COMPETÊNCIA.
Decisão: DECLARAÇÃO DE COMPETÊNCIA.
Área Temática: DIR JUDIC - CONFLITOS. DIR CONST.
Legislação Nacional: CONST89 ART32 N7. DL 214/87 DE 1987/06/17 ART55 N2. LOTJ87 ART18 ART79 ART108 N1.
Sumário: I - A subtracção de competência proibida pelo nº 7 do artigo 32 da Constituição da República assenta no pressuposto de que o tribunal donde é retirado o processo continua em funcionamento, não se verificando desaforamento proibido se a retirada do processo resulta de ele se ter extinguido; II - Não é, em consequência, inconstitucional o artigo 55 nº 2 do Decreto-Lei nº 214/87, de 17 de Junho, uma vez que se limita a dar destino aos processos pendentes em certos tribunais extintos, ordenando a sua remessa aos novos tribunais criados; III - O Decreto-Lei nº 214/87 não padece de inconstitucionalidade orgânica pelo facto de...
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