Decisões Sumárias nº 375/13 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 375/13
Processo n.º 408/13
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Secção
Relatora: Conselheira Maria João Antunes
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Nos presentes autos, vindos do Tribunal da Comarca de Esposende, em que é recorrente o Ministério Público e recorrida A., Lda, foi interposto o presente recurso ao abrigo da alínea a) do n.º 1 do artigo 70.º da Lei da Organização, Funcionamento e Processo do Tribunal Constitucional (LTC), da decisão daquele Tribunal de 27 de setembro de 2012.
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O Tribunal recusou a aplicação, com fundamento em inconstitucionalidade, do artigo 814.º, n.º 2, do Código de Processo Civil, que estende «à execução do requerimento de injunção ao qual tenha sido aposta fórmula executória, o regime de oposição que o corpo do preceito reserva à execução baseada em sentença».
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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...
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