Acórdão nº 592/05 de Tribunal Constitucional, 02 de Novembro de 2005
Magistrado Responsável | Cons. Fernanda Palma |
Data da Resolução | 02 de Novembro de 2005 |
Emissor | Tribunal Constitucional |
ACÓRDÃO N.º 592/2005
Processo n.º 515/2005
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Secção
Relatora: Conselheira Maria Fernanda Palma
Acordam em Conferência na 2ª Secção do Tribunal Constitucional
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Nos presentes autos foi proferida a seguinte Decisão Sumária:
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Nos presentes autos de fiscalização concreta da constitucionalidade, vindos do Supremo Tribunal de Justiça, em que figura como recorrente a República Bolivariana da Venezuela e como recorrida A. foi interposto recurso de constitucionalidade nos seguintes termos:
A REPÚBLICA BOLIVARIANA DA VENEZUELA, recorrente nos autos supra epigrafados, vem interpor Recurso para o Tribunal Constitucional nos termos do nº 1, alínea b) e nº 2 do art. 70º da respectiva Lei de Processo, por violação do nº 1 do art. 8º da Constituição Portuguesa, resultante da inconstitucionalidade do nº 1 do art. 43º da Convenção de Viena.
Sendo certo que se trata de questão suscitada e apreciada nos autos deverá ser aceite o presente Recurso, seguindo-se os demais termos até final.
O Supremo Tribunal de Justiça, por acórdão de 11 de Maio de 2005, havia decidido não tomar conhecimento do recurso que a ora recorrente interpôs do acórdão do Tribunal da Relação de Lisboa, de 20 de Outubro de 2004.
A recorrente, nas várias peças processuais apresentadas nos autos (fls. 162 e ss., e em particular 207 e ss. e 385 e ss.) afirmou que as decisões proferidas nos autos violaram o artigo 8º, nº 1, da Constituição, bem como o artigo 43º da Convenção de Viena.
Cumpre apreciar.
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Sendo o presente recurso interposto ao abrigo dos artigos 280º, nº 1, alínea b), da Constituição e 70º, nº 1, alínea b), da Lei do Tribunal Constitucional, é necessário, para que se possa tomar conhecimento do seu objecto, que a questão de constitucionalidade haja sido suscitada durante o processo.
O Tribunal Constitucional tem entendido este requisito num sentido funcional. De acordo com tal entendimento, uma questão de constitucionalidade normativa só se pode considerar suscitada de modo processualmente adequado quando o recorrente identifica a norma que considera inconstitucional, indica o princípio ou a norma constitucional que considera violados e apresenta uma fundamentação, ainda que sucinta, da inconstitucionalidade arguida. Não se considera assim suscitada uma questão de constitucionalidade normativa quando o recorrente se limita a afirmar, em abstracto, que uma dada interpretação é inconstitucional, sem indicar a norma que enferma desse vício, ou quando imputa a inconstitucionalidade...
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