Acórdão nº 87/98 de Tribunal Constitucional (Port, 04 de Fevereiro de 1998
Magistrado Responsável | Cons. Alves Correia |
Data da Resolução | 04 de Fevereiro de 1998 |
Emissor | Tribunal Constitucional (Port |
ACÓRDÃO Nº 87/98
Procº nº 337/97
Rel. Cons. Alves Correia
Acordam na 2ª Secção do Tribunal Constitucional:
Nos presentes autos, vindos do Tribunal da Relação de Lisboa, em que figuram como recorrente A... e como recorridos o Estado Português e a CN..., EP, interpondo o recorrente o presente recurso ao abrigo do artigo 70º, nº 1, alínea g), da Lei do Tribunal Constitucional (Lei nº 28/82, de 15 de Novembro) e imputando o mesmo ao acórdão recorrido (Acórdão do Tribunal da Relação de Lisboa de 7 de Maio de 1997) a aplicação implícita da norma constante do artigo 4º, nº 1, alínea c), do Decreto-Lei nº 138/85, de 3 de Maio, já declarada inconstitucional, com força obrigatória geral, pelo Tribunal Constitucional, através do Acórdão nº 162/95 (publicado no Diário da República, I Série-A, de 8 de Maio de 1985), constatando este Tribunal a similitude com a situação a que se refere o Acórdão nº 513/97 (ainda inédito e cuja junção aos autos, bem como da Exposição que o antecedeu, se determinou), pelos fundamentos deste último aresto decide-se:
(a). fazer aplicação da declaração de inconstitucionalidade, com força obrigatória geral, constante do Acórdão nº 162/95 (publicado no Diário da República, I Série-A, de 8 de Maio de 1995), na parte em que ela tem...
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