Decisões Sumárias nº 173/11 de Tribunal Constitucional (Port, 15 de Março de 2011
Magistrado Responsável | Cons. José Borges Soeiro |
Data da Resolução | 15 de Março de 2011 |
Emissor | Tribunal Constitucional (Port |
DECISÃO SUMÁRIA N.º 173/2011
Processo n.º 174/11
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Secção
Relator: Conselheiro José Borges Soeiro
Decisão Sumária nos termos do artigo 78.º-A, n.º 1, da Lei n.º 28/82, de 15 de Novembro
I Relatório
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O Ministério Público interpôs recurso de constitucionalidade, ao abrigo do artigo 70.º, n.º 1, alínea a), da Lei n.º 28/82, de 15 de Novembro, com as alterações posteriores (Lei do Tribunal Constitucional LTC), da sentença proferida pelo Tribunal Administrativo e Fiscal de Braga, que denegou a aplicação das normas contidas no número 1 do artigo 8.º do RGIT (Lei 15/2001, de 5 de Junho), declarando-as materialmente inconstitucionais, na parte em que admitem a responsabilidade subsidiária dos gerentes e administradores das sociedades, punidas com multas ou coimas, por violação dos princípios da audiência e defesa, da intransmissibilidade das penas e da presunção de inocência, contidos nos artigos 30.º, n.º 3 e 32, números 2 e 10, ambos da Constituição da República Portuguesa.
Cumpre decidir.
II Fundamentação
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Profere-se decisão sumária ex vi artigo 78.º-A, n.º 1, da LTC, por se tratar de questão já decidida por este Tribunal. Com efeito, sobre a questão de constitucionalidade que se perfila nos autos, foi proferido, pela 1.ª Secção, o Acórdão n.º 35/2011, disponível em www.tribunalconstitucional.pt.
Aí foi decidido...
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