Acórdão nº 038603 de Supremo Tribunal de Justiça (Portugal), 12 de Novembro de 1986
Magistrado Responsável | VASCONCELOS DE CARVALHO |
Data da Resolução | 12 de Novembro de 1986 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CRIM - TEORIA GERAL. DIR PROC PENAL. DIR CONST.
Legislação Nacional: DL 44699 DE 1962/11/17 ART19. DL 630/76 DE 1976/07/28 ART1 E ART2 N1 ART4 N1. DL 349-B/83 DE 1983/07/30 ART29. CONST82 ART29 N1 N3 ART284 N4. DL 2/78 DE 1978/01/02. CP82 ART48 N1 ART72.
Sumário : I - A repristinação do Decreto-Lei n. 630/76, de 28 de Julho, operada por virtude da declaração, com força obrigatoria geral, do Tribunal Constitucional, constante do acordão de 12 de Junho de 1984, do artigo 29, do Decreto-Lei n. 349-B/83, de 30 de Julho, não ofende o principio constitucional da confiança insito na ideia do Estado de Direito. II - Isso so sucederia se a repristinação fossem atribuidos efeitos absolutos, o que não aconteceu. O Tribunal Constitucional, limitou aquela declaração, no que respeita a repristinação das normas revogadas pelo Decreto-Lei n. 349-B/83; em termos de impedir que os autores de factos previstos nos diplomas legais revogados pelo Decreto-Lei n. 349-B/83 e que os hajam praticado entre 3 de...
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