Decisões Sumárias nº 467/11 de Tribunal Constitucional (Port, 29 de Setembro de 2011
Magistrado Responsável | Cons. Pamplona Oliveira |
Data da Resolução | 29 de Setembro de 2011 |
Emissor | Tribunal Constitucional (Port |
DECISÃO SUMÁRIA N.º 467/2011
Processo n.º 545/11
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Secção
Relator: Conselheiro Carlos Pamplona de Oliveira
Nos termos do n.º 1 do artigo 78.º-A da Lei do Tribunal Constitucional, decide-se:
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Pelo Acórdão n.º 400/2011, 22 de Setembro de 2011, o Tribunal Constitucional decidiu, em Plenário face a decisões divergentes tomadas na 2ª secção , não julgar 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 prestações 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.
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O presente recurso tem origem na desaplicação da referida norma, com fundamento em inconstitucionalidade, na decisão...
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