Decisões Sumárias nº 165/01 de Tribunal Constitucional (Port, 19 de Junho de 2001
Magistrado Responsável | Cons. Guilherme da Fonseca |
Data da Resolução | 19 de Junho de 2001 |
Emissor | Tribunal Constitucional (Port |
DECISÃO SUMÁRIA Nº 165/01
Processo nº: 359/01
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Secção
Relator: Conselheiro Guilherme da Fonseca
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O Ministério Público veio interpor recurso para este Tribunal Constitucional, “nos termos conjugados dos artºs 72º 1-a) e 3, e 70º 1-a) da Lei do Tribunal Constitucional”, do acórdão do Tribunal da Relação de Lisboa (6ª Secção), de 5 de Abril de 2001, por nele “ter sido afastada a aplicação do artº 824º nºs 1 e 2 do CPC, na interpretação de que a penhora da pensão de invalidez em montante que imponha ao executado a percepção de remuneração inferior ao salário mínimo nacional, no montante da penhora, seria inconstitucional e ilegal por violação dos artºs 1º, 59º-2-a) e 63º, nºs 1 e 3 da CRP”.
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Acontece que o Tribunal Constitucional já se pronunciou no acórdão nº 318/99, publicado no Diário da República, II Série, nº 247, de 22 de Outubro de 1999, no sentido de “julgar inconstitucional a norma do artigo 824º, n.ºs 1 e 2, do Código de Processo Civil, na medida em que permite a penhora até 1/3 das prestações periódicas pagas a título de aposentação ou de outra qualquer regalia social, seguro, indemnização por acidente ou renda vitalícia, ou de quaisquer outras pensões de natureza semelhante, cujo valor não seja...
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