Decisões Sumárias nº 509/13 de Tribunal Constitucional (Port, 24 de Setembro de 2013
Magistrado Responsável | Cons. Maria João Antunes |
Data da Resolução | 24 de Setembro de 2013 |
Emissor | Tribunal Constitucional (Port |
DECISÃO SUMÁRIA Nº 509/13
Processo n.º 699/13
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Secção
Relatora: Conselheira Maria João Antunes
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Relatório
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Nos presentes autos, vindos do Tribunal da Relação do Porto, em que é recorrente o Ministério Público, foi interposto o presente recurso ao abrigo da alínea g) do n.º 1 do artigo 70.º da Lei da Organização, Funcionamento e Processo do Tribunal Constitucional (LTC), do acórdão daquele Tribunal de 27 de maio de 2013.
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O Ministério Público interpôs o presente para apreciação da norma do artigo 4.º, n.º 5, do Decreto-Lei n.º 164/99, de 13 de Maio, «na interpretação de que a obrigação do Fundo de Garantia de Alimentos Devidos a Menores assegurar as pensões de alimentos a menor judicialmente fixadas, em substituição do devedor, só se constitui com a decisão do tribunal que determine o montante da prestação a pagar por este Fundo, não sendo exigível o pagamento de prestações respeitantes a períodos anteriores a essa decisão». Em cumprimento do disposto no n.º 3 do artigo 75.º-A da LTC, indicou os Acórdãos do Tribunal Constitucional n.ºs 54/2011 e 149/2011.
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Fundamentação
A norma cuja apreciação foi requerida já foi anteriormente julgada inconstitucional por este Tribunal nos Acórdãos indicados pelo recorrente (disponíveis em www.tribunalconstitucional.pt), podendo dar-se por verificados os requisitos do recurso interposto.
Já depois da prolação dos acórdãos indicados pelo recorrente, o Tribunal decidiu, em plenário, através do Acórdão n.º 400/2011 (disponível naquele sítio), não julgar...
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