Acórdão (extrato) n.º 392/2020
Data de publicação | 01 Outubro 2020 |
Section | Parte D - Tribunais e Ministério Público |
Órgão | Tribunal Constitucional |
Acórdão (extrato) n.º 392/2020
Sumário: Julga inconstitucional a norma constante da alínea b) do n.º 5 do artigo 34.º do Regulamento de Disciplina da Guarda Nacional Republicana, aprovado em anexo à Lei n.º 145/99, de 1 de setembro, alterada pela Lei n.º 66/2014 de 28 de agosto, no segmente referente à pena disciplinar de separação de serviço, prevista no artigo 33.º
Processo n.º 859/19
III - Decisão
Em face do exposto, decide-se:
a) Julgar inconstitucional a norma constante da alínea b) do n.º 5 do artigo 34.º do Regulamento Disciplinar da Guarda Nacional Republicana, aprovado em anexo à Lei n.º 145/99, de 1 de setembro, alterada pela Lei n.º 66/2014, de 28 de agosto, no segmento referente à pena disciplinar de separação de serviço, prevista no artigo 33.º, por violação do direito a um mínimo de existência condigna, extraível dos artigos 1.º e 63.º, n.º 3, da Constituição, em conjugação com o princípio da proporcionalidade, ínsito no princípio do Estado de direito democrático consagrado no respetivo artigo 2.º;
e, em consequência,
b) Julgar improcedente o presente recurso.
Sem custas, por não serem legalmente devidas.
Atesto o voto de conformidade do Juiz Conselheiro Lino Ribeiro, nos termos do disposto no artigo 15.º-A do Decreto-Lei n.º 10-A/2020, de 13 de março (aditado pelo artigo 3.º do Decreto-Lei n.º 20/2020, de 1 de maio).
Lisboa, 14 de julho de 2020. - Joana...
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