Decisões Sumárias nº 79/98 de Tribunal Constitucional (Port, 22 de Maio de 1998
Data | 22 Maio 1998 |
Órgão | http://vlex.com/desc1/2000_01,Tribunal Constitucional (Port |
DECIS√O SUM¡RIA N∫ 79/98
Processo n∫: 322/98
3™ SecÁ„o
Relator: Conselheiro Sousa e Brito
†††† †††† Recorrente: MinistÈrio P˙blico
†††† †††† Recorrido: A.
†††††††††††††††† 1. O recurso vem interposto ao abrigo da alÌnea a) do n∫ 1 do art. 70∫ da Lei do Tribunal Constitucional da sentenÁa, de 21 de Janeiro de 1998, do Juiz do Tribunal Tribut·rio de 1™ Inst‚ncia do Porto, que recusou aplicaÁ„o, com fundamento na sua inconstitucionalidade, ‡ norma do artigo 3∫ do Decreto-Lei n∫ 199/90, de 19 de Junho, conjugada com as tabelas I e II a ela anexas, e mandou que a taxa de justiÁa fosse calculada de acordo com a tabela a que se reporta o CÛdigo das Custas Judiciais.
†††††††††††††††† 2. Este Tribunal, no seu acÛrd„o n∫ 1182/96 (publicado no Di·rio da Rep˙blica, II sÈrie, de 11 de Fevereiro de 1997), julgou inconstitucional - por violaÁ„o do direito de acesso aos tribunais, decorrente do art. 20∫, n∫ 1, da ConstituiÁ„o, conjugado com o princÌpio da proporcionalidade - a norma que se extrai da conjugaÁ„o do artigo 3∫ do Decreto-Lei n∫ 199/90, de 19 de Junho, com as tabelas I e II a ele anexas, no trecho de que resulta a taxa de justiÁa para um processo de oposiÁ„o com o valor de 24.910.629$00?.
†††† †††† Posteriormente, no acÛrd„o n∫ 70/98 (ainda por publicar), o Tribunal ponderou que, com a aplicaÁ„o da tabela I anexa ao Decreto-Lei n∫ 199/90 conduz, em geral, a uma desproporÁ„o entre as custas pagas na jurisdiÁ„o comum e na jurisdiÁ„o fiscal, o facto de, nalgum caso, essa desproporÁ„o n„o ser significativa n„o justifica que a norma sub judicio seja julgada...
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