Acórdão nº 9050085 de Court of Appeal of Porto (Portugal), 09 de Maio de 1990
Magistrado Responsável | EMIDIO TEIXEIRA |
Data da Resolução | 09 de Maio de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: CONFLITO COMPETÊNCIA.
Decisão: DECLARAÇÃO DE COMPETÊNCIA.
Área Temática: DIR JUDIC - ORG COMP TRIB.
Legislação Nacional: LOTJ87 ART108 N1 ART79 A ART81 N1 ART18 ART55 N1. DL 214/88 DE 1988/06/17 ART55 N2. CONST89 ART168 N1 G.
Sumário: I - A Lei nº 38/87, de 23 de Dezembro, no seu artigo 108, nº 1, determinou que o Governo, em 90 dias, procedesse à sua regulamentação, dispondo no nº 4 deste preceito que "o mesmo diploma fixará o destino dos processos e papéis pendentes na data da sua entrada em vigor..."; II - O Decreto-Lei nº 214/88, de 17 de Junho, mais não fez do que regulamentar aquela lei e, no seu artigo 55, nº 2, estabeleceu que "... após a instalação dos tribunais referidos no número anterior, os processos que se encontrem pendentes nos actuais tribunais de comarca e que sejam da competência de outros tribunais, nomeadamente dos Tribunais de Círculo transitam para estes, devendo para o efeito, ser remetidos à distribuição..."; III - Nem a Lei nº 38/87, nem o Decreto-Lei nº 214/88, infringem a Constituição, já que aquela versou matéria da competência da Assembleia da República - artigo 168, nº 1, alínea g) da Constituição -...
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