Acórdão (extrato) n.º 487/2018
Data de publicação | 22 Novembro 2018 |
Seção | Parte D - Tribunais e Ministério Público |
Órgão | Tribunal Constitucional |
Acórdão (extrato) n.º 487/2018
Processo n.º 30/18
III. Decisão
Nestes termos, decide-se:
a) Não tomar conhecimento do objeto de recurso quanto à «interpretação das normas dos artigos 32.º n.º 2, 34.º n.º 2, 39.º n.º 1, 44.º n.º 2 da LPJ e 66.º n.º 3 e 4, do Código de Processo Penal, no sentido de que se prevê a interrupção dos prazos aquando do pedido de substituição de patrono, mas já não do pedido de substituição de defensor, quando este tem a incumbência de litigar em matéria penal e cível, aplicando-se a norma do artigo 44.º, n.º 2, da LPJ ao assistente, ao demandante e ao demandado meramente civil, mas já não ao arguido/demandado»;
b) Não julgar inconstitucional a norma resultante da interpretação do disposto nos artigos 39.º, n.º 1, 42.º, n.º 3, e 44.º, n.º 1, da Lei n.º 34/2004, de 29 de julho, com as alterações introduzidas pela Lei n.º 47/2007, de 28 de agosto, e do artigo 66.º, n.º 4, do Código de Processo Penal, segundo a qual o prazo de interposição de recurso da decisão depositada na secretaria não se interrompe nem se suspende no caso de, no decurso do mesmo, o arguido apresentar junto da Ordem dos Advogados pedido de substituição do defensor que lhe fora nomeado no processo; e, em consequência,
c) Negar provimento ao recurso.
Custas pela recorrente, fixando-se a taxa de justiça em 25 (vinte e cinco) UC, ponderados os critérios estabelecidos no artigo 9.º, n.º 1, do Decreto-Lei n.º 303/98, de 7 de outubro (cf. o artigo...
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