Acórdão nº 0204821 de Court of Appeal of Porto (Portugal), 30 de Maio de 1990
| Data | 30 Maio 1990 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: DECLARAÇÃO DE COMPETÊNCIA.
Área Temática: DIR JUDIC - CONFLITOS.
Legislação Nacional: DL 214/88 DE 1998/06/17 ART55 N2. L 38/87 DE 1987/12/23 ART18 N2. CONST89 ART32 N7.
Sumário: I - O artigo 55 nº 2 do Decreto-Lei 214/88, de 17 de Junho, não está ferido de inconstitucionalidade orgânica, quer por não ter extravasado ou desrespeitado a respectiva lei de bases que visou desenvolver, - Lei 38/87 de 23 de Dezembro - quer porque, operando a extinção de funcionamento do tribunal de comarca em regime de colegialidade, se pode considerar que suprimiu o órgão judiciário em causa, caso em que, face ao disposto no artigo 18, nº 2 daquela Lei, se verifica uma excepção ao princípio da " perpetuatio jurisditionis " nela consagrado ( artigo 18 citado ). II - Igualmente se não contraria o princípio do juiz legal ou juiz natural...
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