Acórdão n.º 140/2008, de 01 de Abril de 2008
AcÛrd·o n. 140/2008
Processo n. 1194/2007 (19 -PP)
Acordam na 1.ª SecÁ·o do Tribunal Constitucional:
1 - Em 18 de Dezembro de 2007 deu entrada neste Tribunal a acta relativa ao XVI congresso do referido Partido Socialista Revolucion·rio - PSR, junta a fls. 83 dos autos, da qual consta a aprovaÁ·o, por unanimidade, do ponto um da Ordem de Trabalhos, referente ‡ respectiva dissoluÁ·o.
2 - Da consulta do processo respeitante ao referido Partido PolÌtico, constata -se que os signat·rios da acta supra referida - JosÈ AntÛnio Formosinho de Palhares Falc·o, Fernando Jo·o Neto de Faria e JosÈ …lio da Silva Sucena - foram nomeados representantes legais do Partido no XV Congresso do mesmo, que decorreu em 16 e 17 de Dezembro de 2006.
3 - Por despacho do Relator de 20 de Dezembro de 2007, foi aquele Partido PolÌtico notificado para, atento o disposto no artigo 17., n. 2, da Lei Org‚nica n. 2/2003, vir aos autos esclarecer o destino dado aos bens que integravam o respectivo patrimÛnio. AtravÈs de requerimento de fls. 86, respondeu ent·o aquele Partido que o acervo patrimonial foi doado ‡ AssociaÁ·o PolÌtica Socialista Revolucion·ria, associaÁ·o de natureza polÌtica.
4 - Nos termos do artigo 17., n. 1, da lei dos Partidos PolÌticos), "a dissoluÁ·o de qualquer partido polÌtico depende de deliberaÁ·o dos seus Ûrg·os, nos termos das normas estatut·rias respectivas." Por outro lado, nos termos do n. 2 daquele preceito, "a deliberaÁ·o de dissoluÁ·o determina o destino dos bens, sÛ podendo estes reverter para partido
polÌtico ou associaÁ·o de natureza polÌtica, sem fins lucrativos, e, subsidiariamente, para o Estado."
No que diz respeito ‡ regulamentaÁ·o estatut·ria, constata -se que, relativamente ‡ extinÁ·o, os...
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