Decisões Sumárias nº 12/98 de Tribunal Constitucional (Port, 29 de Abril de 1998
Magistrado Responsável | Cons. Messias Bento |
Data da Resolução | 29 de Abril de 1998 |
Emissor | Tribunal Constitucional (Port |
DECISÂO SUMÁRIA Nº 12/98PRIVATE
Processo nº: 309/98
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Secção
Relator: Conselheiro Messias Bento
Recorrente(s): Ministério Público
Recorrido(s): A.
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O recurso vem interposto ao abrigo da alínea a) do nº 1 do artigo 70º da Lei do Tribunal Constitucional da sentença, de 6 de Dezembro de 1997, do Juiz do Tribunal Tributário de 1ª Instância do Porto, que 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 I e II a ela anexas, e mandou que a taxa de justiça fosse calculada de acordo com a tabela a que se reporta o Código das Custas Judiciais.
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Este Tribunal, no seu acórdão nº 1182/96 (publicado no Diário da República, II série, de 11 de Fevereiro de 1997), julgou "inconstitucional - por violação do direito de acesso aos tribunais, decorrente do artigo 20º, nº 1, da Constituição, conjugado com o princípio da proporcionalidade - a norma que se extrai da conjugação do artigo 3º do Decreto-Lei nº 199/90, de 19 de Junho, com as tabelas I e II a ele anexas, no trecho de que resulta a taxa de justiça para um processo de oposição com o valor de 24.910.629$00".
Posteriormante, no acórdão nº 70/98 (ainda por publicar), o Tribunal ponderou que, como a aplicação da tabela I anexa ao Decreto-Lei nº 199/90 "conduz, em geral, a uma desproporção" entre as custas pagas na jurisdição comum e na jurisdição fiscal, o facto de, nalgum caso, "essa desproporção não ser tão significativa" não justifica que a norma sub iudicio seja julgada inconstitucional apenas em parte, e não na sua totalidade. E, assim, julgou "inconstitucional - por...
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