Decisões Sumárias nº 408/10 de Tribunal Constitucional (Port, 06 de Outubro de 2010
Magistrado Responsável | Cons. Carlos Fernandes Cadilha |
Data da Resolução | 06 de Outubro de 2010 |
Emissor | Tribunal Constitucional (Port |
DECISÃO SUMÁRIO Nº 408/10
Processo n.º 463/2010
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Secção
Relator: Conselheiro Carlos Fernandes Cadilha
Decisão sumária (artigo 78º-A da Lei do Tribunal Constitucional)
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Por sentença de 19 de Maio de 2010, proferida pelo Tribunal de Trabalho de Faro, no âmbito do processo n.º 315/09.2TTFAR, foi julgado inconstitucional o Decreto-Lei n.º 237/2007, de 19 de Junho, por versar, nos seus artigos 1º, n.º 1, 8º, nºs. 1 e 2, e 10º, n.º 2, matéria da competência legislativa relativa da Assembleia da República (artigo 165º, n.º 1, alínea d), da Constituição da República Portuguesa) e não ter sido precedido da necessária autorização legislativa.
Notificado deste despacho, o Ministério Público dele interpôs recurso para o Tribunal Constitucional, ao abrigo da alínea a) do n. º 1 do artigo 70º da Lei do Tribunal Constitucional, por ter havido lugar à recusa de aplicação, com fundamento em inconstitucionalidade, do citado diploma legal.
O recurso de constitucionalidade foi admitido por despacho de fls. 66.
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Apesar de no requerimento de interposição de recurso se referir globalmente o Decreto-Lei n.º 237/2007, de 19 de Junho, resulta da fundamentação da sentença recorrida que desse diploma apenas se consideraram susceptíveis de relevar para a decisão as normas dos seus artigos 1.º, n.º 3, 8.º, n.ºs 1 e 2, e l0.º, n.º 2, devendo assim entender-se que o objecto do presente recurso consiste na apreciação da constitucionalidade do critério normativo extraído dessas referidas disposições do Decreto-Lei n.º...
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