Decisões Sumárias nº 316/00 de Tribunal Constitucional (Port, 17 de Novembro de 2000
Data | 17 Novembro 2000 |
Órgão | http://vlex.com/desc1/2000_01,Tribunal Constitucional (Port |
DECISÃO SUMÁRIA Nº 316/00
Processo nº: 625/2000 3ª Secção
Relatora: Conselheira Maria dos Prazeres Beleza
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Pela sentença de fls.43, do 1º Juízo Cível do Funchal, proferida em Maio de 2000 nos embargos de executado opostos pela A,. SA, à execução que lhe foi movida pelo CENTRO HOSPITALAR DO FUNCHAL, foi recusada a aplicação da “norma constante do artº 1º do Decreto Regulamentar Regional nº 6/93/M de 22 de Março, segundo o qual ‘... é aplicado à cobrança de dívidas às instituições e serviços públicos integrados no Serviço Regional de Saúde da Região Autónoma da Madeira o disposto no Decreto-Lei nº 194/92, de 8 de Setembro...’, por ofensa do disposto nos arts. 234º, nº 1, e 229º, nº1, al. c) da Constituição da República, na versão decorrente da Lei Constitucional nº 1/89, (...)”.
Entendeu o Tribunal do Funchal, invocando o acórdão nº 325/99 do Tribunal Constitucional, que o referido decreto regulamentar regional, ao estender à Região o regime definido no citado Decreto-Lei nº 194/82, viera criar um título executivo administrativo, excedendo, assim, o âmbito do poder regulamentar dos Governos Regionais.
Em consequência, foi julgado não existir título executivo e declarada extinta a instância, por inutilidade superveniente da lide.
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Desta decisão recorreu o Ministério Público para o Tribunal Constitucional, ao abrigo do disposto na al. a) do nº 1 do artigo 70º da Lei nº 28/82, de 15 de Novembro, “em...
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