Acórdão (extrato) n.º 733/2021
Data de publicação | 22 Outubro 2021 |
Seção | Parte D - Tribunais e Ministério Público |
Órgão | Tribunal Constitucional |
Acórdão (extrato) n.º 733/2021
Sumário: Não julga inconstitucional a norma do artigo 243.º, n.º 1, alínea b), do Código da Insolvência e da Recuperação de Empresas, em conjugação com a alínea f) do n.º 1 do artigo 238.º do mesmo diploma, na medida em que determina a cessação antecipada do procedimento de exoneração do passivo restante quando se apure que o devedor foi condenado, por sentença transitada em julgado, pela prática, nos 10 anos anteriores à data da entrada em juízo do pedido de declaração da insolvência ou posteriormente a esta data, de crime de insolvência dolosa previsto e punido no artigo 227.º, n.os 1 e 3, do Código Penal.
Processo n.º 419/20
III - Decisão
Pelo exposto decide-se:
a) Não julgar inconstitucional a norma do artigo 243.º, n.º 1, alínea b), do CIRE, em conjugação com a alínea f) do n.º 1 do artigo 238.º do mesmo diploma, na medida em que determina a cessação antecipada do procedimento de exoneração do passivo restante quando se apure que o devedor foi condenado, por sentença transitada em julgado, pela prática, nos 10 anos anteriores à data da entrada em juízo do pedido de declaração da insolvência ou posteriormente a esta data, de crime de insolvência dolosa previsto e punido no artigo 227.º, n.os 1 e 3, do Código Penal; e, em consequência,
b) Negar provimento ao recurso.
Custas pelo recorrente, fixando-se a taxa de justiça em 25 (vinte e cinco) UC, ponderados os critérios...
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