Acórdão (extrato) n.º 486/2018
Data de publicação | 22 Novembro 2018 |
Section | Parte D - Tribunais e Ministério Público |
Órgão | Tribunal Constitucional |
Acórdão (extrato) n.º 486/2018
Processo n.º 589/17
III. Decisão
9 - Nestes termos decide-se:
a) Julgar inconstitucional a norma do artigo 131.º, n.º 1, do Código de Processo Penal, na dimensão em que estabelece a incapacidade absoluta para testemunhar de pessoa que, tendo no processo a condição de vítima ou ofendida de um crime, está interdita por anomalia psíquica, por violação do princípio da igualdade (artigo 13.º da Constituição) e do processo equitativo (artigo 20.º, n.º 4, da Constituição), conjugado com o princípio da proporcionalidade (artigo 18.º, n.º 2, da Constituição);
b) Negar provimento ao recurso do Ministério Público.
Sem custas.
Notifique.
Lisboa, 4 de outubro de 2018. - Fernando Vaz Ventura - Catarina Sarmento e Castro - Maria Clara Sottomayor - Pedro Machete - Manuel da Costa Andrade.
Texto integral do Acórdão disponível no sítio eletrónico do Tribunal Constitucional:
http://www.tribunalconstitucional.pt/tc/acordaos/201...
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