Acórdão nº 075613 de Supremo Tribunal de Justiça (Portugal), 23 de Fevereiro de 1988
Magistrado Responsável | JOAQUIM FIGUEIREDO |
Data da Resolução | 23 de Fevereiro de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: BARBOSA DE MELO IN CJ ANO9 T4 PAG11.
Área Temática: DIR COM - TIT CREDITO. DIR CONST.
Legislação Nacional: DL 262/83 DE 1983/06/16 ART4. CONST82 ART8 N2 ART208. LULL ART48 N2 ART49 N2. PORT 339/87 DE 1987/04/24.
Referências Internacionais: CONV DE GENEBRA DE 1930/06/07.
Jurisprudência Nacional: AC STJ PROC74658 DE 1987/05/05. AC TC 27/84 IN DR IIS 1984/07/04 PAG5886.
Sumário : I - O artigo 4 do Decreto-Lei n. 262/83, de 16 de Junho, não e inconstitucional. II - Os tribunais não devem recusar a sua aplicação por motivos de ineficacia ou de invalidade. III - Nada na Constituição limita a liberdade de determinação dos juros de mora das obrigações cambiarias e nenhuma norma constitucional declara a incompetencia do Governo para regular tal materia. IV - O artigo 8, n. 2, da Constituição destina-se a regular como e que a norma convencional ganha e perde vigencia na ordem juridica portuguesa e não como essa norma ha-de perfilar-se perante a legislação posterior. V - Ao aprovar e ratificar a Convenção de Genebra de 7 de Junho de 1930, o Estado Portugues assumiu, relativamente a juros da mora, uma obrigação que se desdobra em dois...
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