Decisões Sumárias nº 374/13 de Tribunal Constitucional (Port, 10 de Julho de 2013
Magistrado Responsável | Cons. Maria João Antunes |
Data da Resolução | 10 de Julho de 2013 |
Emissor | Tribunal Constitucional (Port |
DECISÃO SUMÁRIA 374/13
Processo n.º 274/13
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Secção
Relatora: Conselheira Maria João Antunes
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Nos presentes autos, vindos do Tribunal da Relação do Porto, em que é recorrente o A. e recorrido B., S.L., foi interposto o presente recurso ao abrigo da alínea b) do n.º 1 do artigo 70.º da Lei da Organização, Funcionamento e Processo do Tribunal Constitucional (LTC), do acórdão daquele Tribunal de 21 de janeiro de 2013.
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O recorrente requerer a apreciação do artigo 814.º, n.º 2, do Código de Processo Civil, «interpretada no sentido de limitar a oposição à execução fundada em injunção à qual foi aposta fórmula executória, por violação dos artigos 20º, nº 4 e 202º, nº 1 e 204º todos da Constituição da República Portuguesa».
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Através do Acórdão n.º 388/2013, o Tribunal decidiu declarar, «com força obrigatória geral, a inconstitucionalidade da norma constante do artigo 814.º, nº 2 do Código de Processo Civil (CPC), na redação do Decreto-Lei n.º 226/2008, de 20 de novembro, quando interpretada no sentido de limitar os fundamentos de oposição à execução instaurada com base em requerimentos de injunção à qual foi aposta a fórmula executória, por violação do princípio da proibição...
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