Decisões Sumárias nº 250/11 de Tribunal Constitucional (Port, 26 de Abril de 2011
Data | 26 Abril 2011 |
Órgão | http://vlex.com/desc1/2000_01,Tribunal Constitucional (Port |
DECISÃO SUMÁRIA Nº 250/2011
Processo n.º 223/11
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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 apreciada no Acórdão n.º 54/2011, desta 2.ª Secção, que decidiu julgar inconstitucional, por violação do disposto nos artigos 69.º, n.º 1, e 63.º, n.º 1 e 3, da Constituição, 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 do Fundo de Garantia de Alimentos Devidos a Menores assegurar as pensões de alimentos a menor judicialmente fixadas, em substituição do devedor, 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.
Tendo feito vencimento a posição favorável ao conhecimento do objecto do recurso, não suscitando o presente caso...
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