Decisões Sumárias nº 275/13 de Tribunal Constitucional (Port, 28 de Maio de 2013
Magistrado Responsável | Cons. João Cura Mariano |
Data da Resolução | 28 de Maio de 2013 |
Emissor | Tribunal Constitucional (Port |
DECISÃO SUMÁRIA N.º 275/13
Processo n.º 405/13
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Secção
Relator: Conselheiro João Cura Mariano
DECISÃO SUMÁRIA
Relatório
No processo n.º 3881/11.9TBMAI-A, pendente no Juízo de Execução do Tribunal Judicial da Maia, em 5 de abril de 2013 foi proferido saneador-sentença que admitiu oposição a execução fundada em injunção à qual foi aposta fórmula executória.
Esta decisão admitiu a dedução de oposição com fundamentos diferentes dos elencados no artigo 814.º, tendo afastado a aplicação deste preceito nos casos em que a execução se fundasse em injunção à qual havia sido aposta fórmula executória, por inconstitucionalidade.
O Ministério Público interpôs recurso desta decisão, ao abrigo do disposto no artigo 70.º, n.º 1, a), da LTC, pedindo a fiscalização da constitucionalidade da norma recusada.
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Fundamentação
A questão de constitucionalidade colocada neste recurso já foi objeto de apreciação por este Tribunal, tendo sido julgada inconstitucional a norma recusada na decisão recorrida pelos Acórdãos n.º 437/12, 468/12 e 529/12 (acessíveis em www.tribunalconstitucional.pt) , por se ter considerado que violava o princípio da proibição da indefesa, enquanto dimensão do direito de acesso ao direito e aos tribunais consagrado no artigo 20.º, n.º 1 da Constituição.
Não havendo razões para alterar esta posição deve ser proferida decisão sumária nesse sentido, nos termos permitidos pelo artigo 78.º - A, n.º 1, da LTC, aderindo-se aos fundamentos dos...
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