Decisões Sumárias nº 506/11 de Tribunal Constitucional (Port, 12 de Outubro de 2011
Magistrado Responsável | Cons. Joaquim de Sousa Ribeiro |
Data da Resolução | 12 de Outubro de 2011 |
Emissor | Tribunal Constitucional (Port |
DECISÃO SUMÁRIA Nº 506/2011
Processo n.º 561/11
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Secção
Relator: Conselheiro Joaquim de Sousa Ribeiro
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Nos presentes autos, vindos do Tribunal de Família e Menores de Braga, em que é recorrente o Ministério Público e recorridos A. e B., foi interposto recurso de constitucionalidade, ao abrigo da alínea a) do n.º 1 do artigo 70.º da Lei do Tribunal Constitucional (Lei n.º 28/82, de 15 de Novembro, com as alterações posteriores, adiante designada LTC), da decisão daquele Tribunal, na parte em que recusou a aplicação, com fundamento em inconstitucionalidade, da norma do artigo 4.º, n.º 5, do Decreto-Lei n.º 164/99, de 13 de Maio.
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Questão em tudo idêntica à do presente recurso foi recentemente decidida no Acórdão n.º 400/11, de 22.09.2011, que julgou não inconstitucional a norma constante do artigo 4.º, n.º 5, do Decreto-Lei n.º 164/99, de 13 de Maio, na interpretação de que a obrigação de o Fundo de Garantia de Alimentos Devidos a Menores assegurar as pensões de alimentos a menor judicialmente fixadas, em substituição do devedor de alimentos, só se constitui com a decisão do tribunal que determine o montante da prestação a pagar por este Fundo, não sendo exigível o pagamento de prestações respeitantes a períodos anteriores a essa decisão.
Assim, por aplicação desta jurisprudência, fixada por maioria do Plenário do Tribunal Constitucional, cumpre dar provimento ao recurso.
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