Rectificação n.º 1394/2007, de 30 de Agosto de 2007
Rectificaçáo n.o 1394/2007
Por ter saído com inexactidáo o despacho (extracto) n.o 14 191/2007, publicado no de 2007, rectifica-se que onde se lê «ficando posicionado no índice 345, escaláo 4.» deve ler-se «ficando posicionado no índice 360, escaláo 5.».
14 de Junho de 2007. - O Vogal do Conselho Directivo, António Dias Baptista.
PARTE D
TRIBUNAL CONSTITUCIONAL Acórdáo n.o 406/2007
Processo n.o 856/05
Acordam na 2.a Secçáo do Tribunal Constitucional:
1- Relatório. - 1.1 - Leacock e C.a, L.da, intentou no Tribunal Judicial da Comarca do Funchal acçáo declarativa, com forma de processo sumário, contra Maria Teresina Vieira Dias da Costa, pedindo que fosse decretada a cessaçáo do contrato de arrendamento, por denúncia realizada pela autora, sendo a ré condenada a reconhecer tal cessaçáo de arrendamento e a despejar imediatamente o locado, contra o recebimento da importância de 3 000 000$.
Citada a ré, veio esta, tempestivamente, deduzir contestaçáo, defendendo-se por excepçáo e impugnaçáo e requerendo, subsidiariamente, o diferimento da desocupaçáo do locado. Excepcionou a ré a inconstitucionalidade do dispositivo legal que permitiu a denúncia do contrato de arrendamento pela autora, designadamente os artigos 89.o-A
e 89.o-B do Regime do Arrendamento Urbano, aprovado pelo Decreto-Lei n.o 321-B/90, de 15 de Outubro (RAU), por violaçáo do disposto nos artigos 65.o, 13.o e 18.o, n.o 2, da Constituiçáo da República Portuguesa (CRP).
1.2 - Após resposta da autora e prolaçáo de despacho de abstençáo da selecçáo de matéria de facto assente e por provar, fundado na simplicidade da causa, realizou-se audiência de julgamento, finda a qual foram dados como provados os seguintes factos:
1) A sociedade autora é dona e legítima...
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