Acórdão (extrato) n.º 121/2021
Data de publicação | 19 Maio 2021 |
Seção | Parte D - Tribunais e Ministério Público |
Órgão | Tribunal Constitucional |
Acórdão (extrato) n.º 121/2021
Sumário: Não julga inconstitucional a interpretação normativa dos artigos 17.º, 53.º, n.º 2, alínea b), e 269.º, n.º 1, alínea f), do Código de Processo Penal, segundo a qual está subtraída ao Juiz de Instrução Criminal a competência para conhecer das invalidades processuais dos atos de constituição de arguido e aplicação de Termo de Identidade e Residência, praticados pelo Ministério Público; não conhece do objeto do recurso quanto a uma das questões de inconstitucionalidade colocadas por um dos recorrentes.
Processo n.º 1126/19
III - Decisão
Nestes termos, decide-se:
a) Não conhecer do objeto do recurso quanto à primeira questão de inconstitucionalidade colocada pelo recorrente A.
b) Não julgar inconstitucional a interpretação normativa dos artigos 17.º, 53.º, n.º 2, alínea b) e 269.º, n.º 1, alínea f), do CPP, segundo a qual está subtraída ao Juiz de Instrução Criminal a competência para conhecer das invalidades processuais dos atos de constituição de arguido e aplicação de TIR, praticados pelo Ministério Público.
c) Negar provimento aos recursos.
Custas pelos recorrentes, fixando-se a taxa de justiça em 25 (vinte e cinco) UC para cada recorrente, ponderados os critérios estabelecidos no artigo 9.º, n.º 1, do Decreto-Lei n.º 303/98, de 7 de outubro (cf. artigo 6.º, n.º...
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