Decisões Sumárias nº 262/11 de Tribunal Constitucional (Port, 29 de Abril de 2011
Magistrado Responsável | Cons. José Borges Soeiro |
Data da Resolução | 29 de Abril de 2011 |
Emissor | Tribunal Constitucional (Port |
DECISÃO SUMÁRIA N.º 262/2011[1]
Processo n.º 300/11
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Secção
Relator: Conselheiro José Borges Soeiro
Decisão Sumária nos termos do artigo 78.º-A, n.º 1, da Lei n.º 28/82, de 15 de Novembro
I Relatório
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A., inconformado com o despacho proferido pelo 3.º Juízo do Tribunal Criminal de Lisboa em que foi decidido não admitir a sua representação em processo penal, como advogado em causa própria, interpôs recurso para o Tribunal da Relação de Lisboa.
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Tendo visto a sua pretensão negada, vem agora recorrer para o Tribunal Constitucional ao abrigo do disposto nos artigos 70.º/1/b e 71.º/1 Lei do Tribunal Constitucional, tendo a inconstitucionalidade do artigo 70.º/1 Código de Processo Penal, na interpretação que as instâncias lhe dão de não permitir ao assistente, advogado, advogar em causa própria, por contrariar o disposto nos artigos 8.º/2, 16.º/2, 20.º/1 e 32.º/1/7 da Constituição da República Portuguesa (com ref.ª ao artigo 6.º/3/c CEDH) sido alegada em V das conclusões com apoio na minuta.
Cumpre decidir.
II Fundamentação
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Estão reunidos os pressupostos para a emissão de decisão sumária ex vi artigo 78.º, n.º 1, da Lei do Tribunal Constitucional, por se tratar de questão simples na medida em que existe já jurisprudência anterior que versa esta matéria, sendo a mesma de manter.
Com efeito, sobre a questão de constitucionalidade que se perfila nos autos, foram proferidos, entre outros, os Acórdãos n.º...
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