Acórdão nº 175/05 de Tribunal Constitucional (Port, 31 de Março de 2005
Magistrado Responsável | Cons. Benjamim Rodrigues |
Data da Resolução | 31 de Março de 2005 |
Emissor | Tribunal Constitucional (Port |
ACÓRDÃO N.º 175/2005
Processo n.º 1030/04
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Secção
Relator: Conselheiro Benjamim Rodrigues
Acordam na 2.ª Secção do Tribunal Constitucional:
1. O representante do Ministério Público junto do Tribunal Tributário de 1.ª Instância do Porto, notificado da sentença aí proferida que decidiu julgar inconstitucionais as normas conjugadas dos artigos 1.º, n.º 2 e 2.º do RCE anexo ao DL 43/98, de 3 de Março, por violação da norma do artigo 103.º, n.º 3, da CRP, recorre para o Tribunal Constitucional ao abrigo do disposto nos artigos 280.º, n.º 1, alínea a), da Constituição da República Portuguesa e 70.º, n.º 1, alínea a) da Lei n.º 28/82, de 15 de Novembro, com fundamento em recusa de aplicação, por inconstitucionalidade, das normas supra citadas.
2. Esta mesma questão de constitucionalidade foi já apreciada por este Tribunal em diversos arestos cf. Acórdãos n.os 81/05, 137/05 e 138/05 (já disponíveis em http://www.tribunalconstitucional.pt/tc/acordaos/) que julgaram inconstitucionais os preceitos sindicandos.
Porque nos presentes autos, o requerimento de licença de construção é anterior à entra em vigor do diploma, a questão jurídica se perfila absolutamente idêntica à que foi aí apreciada, subscreve-se integralmente a fundamentação constante desses Acórdãos.
3. Destarte, acorda-se em:
a) Julgar inconstitucionais, por violação do princípio da não retroactividade dos...
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