Decisões Sumárias nº 602/11 de Tribunal Constitucional (Port, 11 de Novembro de 2011
Magistrado Responsável | Cons. Maria Lúcia Amaral |
Data da Resolução | 11 de Novembro de 2011 |
Emissor | Tribunal Constitucional (Port |
DECISÃO SUMÁRIA N.º 602/2011
Processo n.º 638/2011
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Secção
Relator: Conselheira Maria Lúcia Amaral
Decisão Sumária
Recorrente: Ministério Público
Recorridos: A.
B.
I Relatório
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O Exma. Magistrada do Ministério Público junto do Tribunal Administrativo e Fiscal de Leiria interpôs recurso para o Tribunal Constitucional, ao abrigo do disposto na alínea a) do n.º 1 do artigo 70.º da Lei de Organização, Funcionamento e Processo do Tribunal Constitucional, aprovada pela Lei n.º 28/82, de 15 de Novembro, e alterada, por último, pela Lei n.º 13-A/98, de 26 de Fevereiro (LTC), contra a sentença daquele Tribunal, de 19.05.2011, que «julgou inconstitucional a norma do art.º 8º, nº 1 do RGIT».
Cumpre apreciar e decidir.
II Fundamentação
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Ao abrigo do disposto no n.º 1 do artigo 78.º-A da LTC, entende-se proferir decisão sumária por a questão a decidir ser simples, por a mesma já ter sido objecto de decisão deste Tribunal no seu Acórdão n.º 437/2011, disponível em www.tribunalconstitucional.pt, que não julgou inconstitucional o artigo 8.º, n.º 1, alíneas a) e b), do RGIT, quando interpretado no sentido de que consagra uma responsabilidade pelas coimas que se efectiva pelo mecanismo da reversão da execução...
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