Decisões Sumárias nº 553/07 de Tribunal Constitucional (Port, 29 de Outubro de 2007
Magistrado Responsável | Cons. Sousa Ribeiro |
Data da Resolução | 29 de Outubro de 2007 |
Emissor | Tribunal Constitucional (Port |
DECISÃO SUMÁRIA Nº 553/07
Processo n.º 912/07
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Secção
Relator: Conselheiro Joaquim de Sousa Ribeiro
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Ministério Público interpôs, ao abrigo da alínea a) do n.º 1 do artigo 70.º da Lei da Organização, Funcionamento e Processo do Tribunal Constitucional (LTC), recurso para apreciação da constitucionalidade da norma vertida no artigo 29.º do Decreto-Lei n.º 76-A/2006, de 29 de Março.
Na origem do presente recurso está a decisão do Tribunal de Comércio de Lisboa que recusou a aplicação das normas do artigo 29.º do Decreto-Lei n.º 76-A/2006 e, também, do artigo 14.º da Lei n.º 8/2007, de 17 de Janeiro, na parte em conferem nova redacção à alínea a) do n.º 1 do artigo 89.º da Lei de Organização e Funcionamento dos Tribunais Judiciais, e declarou o tribunal incompetente em razão da matéria, por repristinação da redacção da alínea a) do n.º 1 do artigo 89.º conferida pelo Decreto-Lei n.º 53/2004, de 18 de Março.
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Atento o pedido formulado, o objecto do presente recurso circunscreve-se à inconstitucionalidade do artigo 29.º do Decreto-Lei n.º 76-A/2006.
O Tribunal Constitucional já por diversas vezes apreciou a questão, tendo julgado a norma organicamente inconstitucional (vd., nomeadamente, os Acórdãos n.ºs 690/2006, 692/206, 43/2007, 88/2007 e 485/07, disponíveis em www.tribunalconstitucional.pt).
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