Decisões Sumárias nº 54/16 de Tribunal Constitucional (Port, 19 de Janeiro de 2016
Magistrado Responsável | Cons. João Cura Mariano |
Data da Resolução | 19 de Janeiro de 2016 |
Emissor | Tribunal Constitucional (Port |
DECISÃO SUMÁRIA N.º 54/2016
Processo n.º 1171/15
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Secção
Relator: Conselheiro João Cura Mariano
DECISÃO SUMÁRIA
Relatório
A., Limitada, interpôs recurso para o Tribunal Constitucional, ao abrigo da alínea b), do n.º 1, do artigo 70.º, da LTC, pedindo a fiscalização da constitucionalidade do artigo 7.º, n.º 3, da Lei 34/2004, de 29 de julho, com a redação que lhe foi dada pela Lei n.º 47/2007, de 28 de agosto, quando interpretada com o sentido de que, mesmo em caso de manifesta insuficiência económica, as pessoas coletivas com fins lucrativos não têm direito ao benefício da proteção jurídica.
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Fundamentação
A questão de constitucionalidade colocada neste recurso já foi objeto de decisão por este Tribunal, em acórdão proferido em Plenário, para solucionar divergência jurisprudencial. Pelo acórdão n.º 216/2010 (acessível em www.tribunalconstitucional.pt), decidiu-se não julgar inconstitucional a norma constante do artigo 7.º, n.º 3, da Lei 34/2004, de 29 de julho, com a redação que lhe foi dada pela Lei n.º 47/2007, de 28 de agosto.
Uma vez que a interpretação enunciada pelo Recorrente corresponde à leitura literal deste preceito legal, por aplicação do decidido naquele acórdão deve reiterar-se o julgamento efetuado, julgando-se improcedente o recurso interposto.
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Decisão
Nestes termos, decide-se:
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não julgar inconstitucional a...
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