Acórdão nº 168/98 de Tribunal Constitucional (Port, 10 de Fevereiro de 1998
Magistrado Responsável | Cons. Messias Bento |
Data da Resolução | 10 de Fevereiro de 1998 |
Emissor | Tribunal Constitucional (Port |
ACÓRDÃO Nº 168/98
Proc. nº 841/97
Cons. Messias Bento
Acordam, na 2ª Secção do Tribunal Constitucional:
Recorrente: Ministério Público
Recorridos: E... e outra
1. O recurso vem interposto ao abrigo da alínea a) do nº 1 do artigo 70º da Lei do Tribunal Constitucional da sentença, de 16 de Julho de 1997, do Juiz do Tribunal Tributário de 1ª Instância do Porto, que, julgando improcedente a oposição à execução, recusou aplicação, com fundamento na sua inconstitucionalidade, à norma do artigo 3º do Decreto-Lei nº 199/90, de 19 de Junho, conjugada com as tabelas anexas, e mandou que a taxa de justiça fosse calculada de acordo com a tabela a que se reporta o artigo 13º do Código das Custas Judiciais.
2. A norma sub iudicio foi, inicialmente, julgada inconstitucional pelo acórdão nº 1182/96 (publicado no Diário da República, II série, de 11 de Fevereiro de 1997) e, mais recentemente, entre outros, pelo acórdão nº 70/98 (ainda por publicar).
É este julgamento de inconstitucionalidade que, pelos fundamentos de tais arestos, para os quais se remete, aqui vai fazer-se.
3. Pelo exposto...
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