Acórdão nº 511/05 de Tribunal Constitucional (Port, 04 de Outubro de 2005
Data | 04 Outubro 2005 |
Órgão | http://vlex.com/desc1/2000_01,Tribunal Constitucional (Port |
ACÓRDÃO N.º 511/2005
Processo n.º 177/01
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Secção
Relator: Conselheiro Mário Torres
Acordam, em conferência, na 2.ª Secção do Tribunal Constitucional,
1. Nos presentes autos, o primitivo Relator, por despacho de 4 de Abril de 2001 (fls. 52), determinou a notificação do recorrente A. para, no prazo de dez dias, constituir advogado, sob pena de o recurso não ter seguimento (artigos 83.º, n.º 1, da Lei do Tribunal Constitucional e 33.º do Código de Processo Civil, aplicável por força do artigo 69.º daquela Lei).
Notificado desse despacho, o recorrente dele veio reclamar para a conferência, pedindo a sua revogação com base em arguição da inconstitucionalidade material das normas legislativas preceptivas do patrocínio judiciário obrigatório, especialmente do artigo 33.º (ex vi artigo 32.º) do Código de Processo Civil e do artigo 83.º, n.º 1, da Lei do Tribunal Constitucional, e requereu que, pelas razões expendidas em documento anexo, se procedesse a reenvio prejudicial ao Tribunal de Justiça das Comunidades Europeias (fls. 57 a 58).
Pelo Acórdão n.º 575/2004, de 28 de Setembro de 2004, foram deferidos os pedidos de escusa formulados pelos Conselheiro Paulo Mota Pinto (primitivo Relator) e Maria Fernanda Palma de intervenção como Juízes nos presentes autos.
2. Este Tribunal Constitucional tem-se pronunciado, reiteradamente, no sentido da não inconstitucionalidade quer das normas que estabelecem uma genérica obrigação de patrocínio judiciário quer das que reservam o exercício da advocacia a advogados com inscrição em vigor na Ordem dos Advogados (vide...
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