Acórdão (extrato) n.º 398/2020
Data de publicação | 01 Outubro 2020 |
Section | Parte D - Tribunais e Ministério Público |
Órgão | Tribunal Constitucional |
Acórdão (extrato) n.º 398/2020
Sumário: Julga inconstitucional a norma do n.º 3, com referência ao n.º 2, do artigo 10.º do Decreto-Lei n.º 387-A/87, de 29 de dezembro, enquanto estabelece que incorre na pena de prisão até dois anos ou multa até 200 dias quem, sem justa causa, se recusar a responder ao inquérito.
Processo n.º 36/19
III - Decisão
11 - Pelos fundamentos expostos, acordam em:
a) Julgar inconstitucional a norma do n.º 3, com referência ao n.º 2, do artigo 10.º do Decreto-Lei n.º 387-A/87, de 29 de Dezembro, enquanto estabelece que incorre na pena de prisão até dois anos ou multa até 200 dias quem, sem justa causa, se recusar a responder ao inquérito, por violação do disposto na alínea c) do n.º 1 do artigo 165.º da Constituição da República Portuguesa;
e, consequentemente,
b) Negar provimento ao recurso, confirmando a decisão recorrida no que diz respeito ao juízo de inconstitucionalidade.
Sem custas, por não serem legalmente devidas.
Atesto o voto de conformidade do Conselheiro Lino Rodrigues 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). Maria José Rangel de Mesquita
Lisboa, 13 de julho de 2020. - Maria José Rangel de Mesquita - Gonçalo Almeida Ribeiro -Joana Fernandes...
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