Acórdão (extrato) n.º 123/2018
| Data de publicação | 15 Maio 2018 |
| Section | Parte D - Tribunais e Ministério Público |
| Órgão | Tribunal Constitucional |
Acórdão (extrato) n.º 123/2018
Processo n.º 136/17
III. Decisão
Em face do exposto, decide-se:
a) Não julgar inconstitucional a norma extraída dos n.os 4 e 5 do artigo 46.º do Regime Sancionatório do Setor Energético, aprovado pela Lei n.º 9/2013, de 28 de janeiro, a qual determina que a impugnação judicial das decisões finais condenatórias aplicativas de coima da Entidade Reguladora dos Serviços Energéticos em processo de contraordenação tem, por regra, efeito meramente devolutivo, ficando a atribuição de efeito suspensivo condicionada à prestação de caução substitutiva e à verificação de um prejuízo considerável, para a impugnante, decorrente da execução da decisão.
b) Em consequência, negar provimento ao recurso.
Lisboa, 6 de março de 2018. - Gonçalo de Almeida Ribeiro - Maria José Rangel de Mesquita (com declaração de voto que se anexa) - José Teles Pereira - Fernando Vaz Ventura - Catarina Sarmento e Castro - João Pedro Caupers - Pedro Machete - Joana Fernandes Costa (vencida nos termos da declaração de voto junta ao Acórdão n.º 397/2017) - Cláudio Monteiro (vencido, com os fundamentos da declaração de voto da Conselheira Maria de Fátima Mata-Mouros) - Maria Clara Sottomayor (vencida...
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