Decisões Sumárias nº 407/13 de Tribunal Constitucional (Port, 16 de Julho de 2013
Data | 16 Julho 2013 |
Órgão | http://vlex.com/desc1/2000_01,Tribunal Constitucional (Port |
DECISÃO SUMÁRIA Nº 407/13
Processo n.º 423/13
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Secção
Relator: Conselheiro Pedro Machete
Decisão Sumária nos termos do artigo 78.º-A, n.º 1, da Lei n.º 28/82, de 15 de novembro
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O Ministério Público vem interpor recurso obrigatório, nos presentes autos em que é recorrida A., S.A., com fundamento no artigo 70.º, n.º 1, alínea a). da Lei do Tribunal Constitucional (Lei n.º 28/82, de 15 de novembro, doravante LTC), do despacho da Juíza da Comarca do Baixo Vouga que julgou materialmente inconstitucional o artigo 814.º do Código de Processo Civil, na redação introduzida pelo Decreto-Lei n.º 226/2008, de 20 de novembro, «quando equipara os fundamentos da oposição à execução baseada em injunção aos fundamentos da oposição à execução baseada em sentença.»
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A questão de constitucionalidade objeto do presente recurso eventual inconstitucionalidade da norma constante do artigo 814.º, n.º 2 do Código de Processo Civil, na redação conferida pelo 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 da indefesa, consagrado no artigo 20.º, n.º 1 da Constituição - foi objeto de análise e decisão pelo Plenário deste Tribunal Constitucional, o qual, no seu Acórdão n.º 388/2013...
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