Acórdão (extrato) n.º 851/2017
Data de publicação | 16 Fevereiro 2018 |
Seção | Parte D - Tribunais e Ministério Público |
Órgão | Tribunal Constitucional |
Acórdão (extrato) n.º 851/2017
Processo n.º 507/16
III - Decisão
18 - Pelos fundamentos expostos, decide-se:
a) Julgar inconstitucional a norma do artigo 380.º, n.º 1, alínea b), do Código de Processo Penal, interpretada no sentido de «o tribunal ter deferido pedido de retificação de erro por si cometido no acórdão retificado, irrecorrível, no que respeita à datação do cometimento de um crime, que passou de posterior a anterior à data decisiva para a integração da respetiva condenação no concurso de crimes e no cálculo da correspondente pena única, mas ter recusado emprestar consequência prática à retificação, através da reformulação do cúmulo», por violação dos artigos 20.º, n.os 1 e 4, e 32.º, n.º 1, conjugados com o 18.º, n.º 2, da Constituição da República Portuguesa;
e, em consequência,
b) Conceder provimento ao recurso e ordenar a reforma de decisão recorrida em conformidade com o referido juízo de inconstitucionalidade.
Sem custas, nos termos do artigo 84.º, n.º 2, da LTC.
Lisboa, 20 de dezembro de 2017. - Maria José Rangel de Mesquita - Joana Fernandes Costa - Maria Clara Sottomayor - Gonçalo...
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