Acórdão (extrato) n.º 641/2020
Data de publicação | 14 Janeiro 2021 |
Section | Parte D - Tribunais e Ministério Público |
Órgão | Tribunal Constitucional |
Acórdão (extrato) n.º 641/2020
Sumário: Julga inconstitucional a norma contida na segunda parte do n.º 2 do artigo 637.º do Código de Processo Civil, quando estabelece, nos recursos em que se invoque um conflito jurisprudencial que se pretende ver resolvido, que o recorrente junta obrigatoriamente, sob pena de imediata rejeição, cópia, ainda que não certificada, do acórdão fundamento, sem que antes seja convidado a suprir essa omissão.
Processo n.º 1106/18
III - Decisão
11 - Pelos fundamentos expostos, decide-se:
a) Julgar inconstitucional a norma contida na segunda parte do n.º 2 do artigo 637.º do Código de Processo Civil, quando estabelece, nos recursos em que se invoque um conflito jurisprudencial que se pretende ver resolvido, que o recorrente junta obrigatoriamente, sob pena de imediata rejeição, cópia, ainda que não certificada, do acórdão fundamento, sem que antes seja convidado a suprir essa omissão, por ofensa do artigo 20.º, números 1 e 4, da Constituição; e, em consequência,
b) Conceder provimento ao recurso.
Sem custas, por não serem legalmente devidas (artigo 84.º, n.os 1 e 2, da LTC).
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.
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