Decisões Sumárias nº 112/11 de Tribunal Constitucional (Port, 15 de Fevereiro de 2011
Magistrado Responsável | Cons. Vítor Gomes |
Data da Resolução | 15 de Fevereiro de 2011 |
Emissor | Tribunal Constitucional (Port |
DECISÃO SUMÁRIA N.º 112/2011
Processo n.º 61/11
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Secção
Relator: Conselheiro Vítor Gomes
DECISÃO SUMÁRIA
Recorrente: Ministério Público
Recorridos: A.
B.
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O Ministério Público, ao abrigo dos artigos 70.º, n.º 1, alínea a) e 72.º, n.º 1, alínea a) e n.º 3 da Lei n.º 28/82, de 15 de Novembro (LTC), vem interpor recurso do acórdão do Tribunal da Relação de Lisboa, de 9 de Fevereiro de 2010, que recusou aplicação à norma do nº 4 do artigo 23.º do Código das Expropriações, na interpretação de que ao valor da indemnização encontrada deve ser deduzido o diferencial da contribuição autárquica entre as quantias pagas a esse título e aquelas que os expropriados teriam pago nos últimos cinco anos com base na avaliação efectuada para efeitos de expropriação.
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Pelo acórdão n.º 11/08, o Plenário do Tribunal Constitucional, invertendo a jurisprudência até então prevalecente, julgou inconstitucional por violação dos princípios constitucionais da justa indemnização, consagrado no artigo 62.º, n.º 2, da Constituição da República Portuguesa, e da igualdade dos cidadãos perante os encargos públicos, incluindo o da igualdade tributária, enquanto expressão específica do princípio geral da igualdade constante do artigo 13.º, da Constituição da República Portuguesa, o artigo 23.º, n.º 4, do Código das...
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