Acórdão nº 248/98 de Tribunal Constitucional (Port, 05 de Março de 1998
Magistrado Responsável | Cons. Assunção Esteves |
Data da Resolução | 05 de Março de 1998 |
Emissor | Tribunal Constitucional (Port |
ACÓRDÃO Nº 248/98
Proc. nº 38/97
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Secção
Cons: Rel. Assunção Esteves
Acordam no Tribunal Constitucional:
I. O Tribunal do Trabalho de Leiria, em recurso interposto por R... da decisão do Centro Regional de Segurança Social do Centro que lhe determinara uma coima de Esc: 80.000$00, por infracção praticada em 6 de Março de 1996, julgou organicamente inconstitucional a norma do artigo 27º do Decreto-Lei nº 30/89, de 24 de Janeiro. O fundamento era o de que o Governo, por essa norma, estabelecia, sem autorização do Parlamento, um valor superior para os limites máximo e mínimo da moldura sancionatória fixada pelo regime geral do ilícito de mera ordenação social (Decreto-Lei nº 433/82, de 27 de Outubro, versão originária), que era o regime em vigor à data da sua emissão.
O Ministério Público interpôs recurso desta decisão para o Tribunal Constitucional, nos termos do artigo 70º, nº 1, alínea a), da Lei nº 28/82, de 15 de Novembro.
II. O Tribunal Constitucional, no acordão nº 175/97, D.R., Iª Série-A, de 24-04-1997, declarou a inconstitucionalidade, com força obrigatória geral, da norma do artigo 27º do Decreto-Lei nº 30/89, de 24 de Janeiro, " na parte em que ela, ao cominar a coima da contra-ordenação que define, fixa o seu limite máximo em montante superior ao limite máximo estabelecido na respectiva lei quadro, na versão vigente à data da prática da correspondente infracção, e fixa o seu limite mínimo em montante igual ou...
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