Acórdão nº 9140439 de Court of Appeal of Porto (Portugal), 06 de Novembro de 1991
Magistrado Responsável | CALHEIROS LOBO |
Data da Resolução | 06 de Novembro de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC CONTRA-ORDENACIONAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENçA.
Área Temática: DIR ORDEN SOC.
Legislação Nacional: CP82 ART118 N2 A. L 3/76 DE 1976/09/10 ART2. DL 433/82 DE 1982/10/27 ART27 ART75 N1. DL 70/90 DE 1990/03/02 ART23 C. DL 74/90 DE 1990/03/07 ART40 N3 B ART45 ART49 N2 ART51 N2.
Sumário: 1- A contra-ordenação prevista no n.2 do art. 49 do Decreto- -Lei n. 74/90, de 7 de Março, não exige que haja uma efectiva descarga de aguas residuais poluentes; basta que uma unidade poluidora labore sem as necessarias licenças. 2- O Decreto-Lei n. 74/90 abrange não so as unidades poluidoras instaladas depois da sua entrada em vigor como tambem as que, nessa altura, ja estivessem em laboração, pois o escopo visado e o de preservar a salubridade das aguas e estas poderão ser poluidas por qualquer unidade industrial poluidora independentemente da altura da sua instalação. 3- O prazo de adaptação previsto no...
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