Acórdão (extrato) n.º 616/2018
| Data de publicação | 04 Janeiro 2019 |
| Seção | Parte D - Tribunais e Ministério Público |
| Órgão | Tribunal Constitucional |
Acórdão (extrato) n.º 616/2018
Processo n.º 251/18
III - Decisão
3 - Em face do exposto, decide-se:
a) Julgar inconstitucional, por violação do artigo 20.º, n.º 4, conjugado com o artigo 18.º, n.º 2, da Constituição, a norma contida nos artigos 163.º e 164.º, n.os 2 e 3, do CIRE, na interpretação segundo a qual o credor com garantia real sobre o bem a alienar não tem a faculdade de arguir, perante o juiz do processo, a nulidade da alienação efetuada pelo administrador com violação dos deveres de informação do valor base fixado ou do preço da alienação projetada a entidade determinada; e, consequentemente,
b) Julgar improcedente o recurso.
Sem custas.
Lisboa, 21 de novembro de 2018. - José Teles Pereira - Claudio Monteiro - João Pedro Caupers - Maria de Fátima Mata-Mouros - Manuel da Costa Andrade.
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