Acórdão nº 9741028 de Court of Appeal of Porto (Portugal), 04 de Março de 1998
Magistrado Responsável | TEIXEIRA PINTO |
Data da Resolução | 04 de Março de 1998 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC CONTRAORDENACIONAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR ORDEN SOC.
Legislação Nacional: DL 433/82 DE 1982/10/27 ART27 A. DL 433/82 DE 1982/10/27 ART50 NA REDACÇÃO DO DL 244/95 DE 1995/09/14. DL 46/94 DE 1994/02/22 ART36 N1 ART37 ART38 N3 F ART39 D E ART86 N1 V X N2 C. CPA91 ART123 N2 F ART135 ART136 N2.
Sumário: I - A razão de ser da obrigação dos actos administrativos serem datados radica na conveniência de certeza e segurança nas relações jurídicas e com a possibilidade dos cidadãos poderem exercer o seu direito de defesa. II - Assim há que considerar válida a decisão administrativa impugnada, apesar de não datada, se foi notificada ao recorrente para os fins do disposto no artigo 50 do Decreto-Lei n.433/82, de 27 de Outubro ( redacção dada pelo Decreto-Lei n.244/95, de 14 de Setembro ) e o arguido veio a impugná-la atempadamente, pois os seus direitos de defesa não foram beliscados. III - Para que se verifique a contra-ordenação prevista no artigo 86 n.1 alínea v) do Decreto-Lei n.46/94, de 22 de Fevereiro (...
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