Acórdão nº 491/01 de Tribunal Constitucional (Port, 20 de Novembro de 2001
Magistrado Responsável | Cons. Artur Maurício |
Data da Resolução | 20 de Novembro de 2001 |
Emissor | Tribunal Constitucional (Port |
ACÓRDÃO Nº 491/01
Proc. nº 532/00
TC Plenário Relator: Consº. Artur Maurício
Acordam no Plenário do Tribunal Constitucional:
O Ministro da Administração Interna, notificado do acórdão nº 481/01, vem dizer que, o texto da parte decisória (fls. 20 e 21 do mesmo acórdão) se encontra truncada, certamente por lapso de impressão, terminando a fls. 20 com a expressão pelo Decreto-Lei nº e começando a fls. 21 com a expressão violação dos artigos....
Verifica-se, com efeito, que o texto do próprio acórdão (e não só da cópia enviada) não corresponde ao que foi decidido pelo Tribunal Constitucional.
Na verdade, no texto de fls. 20 falta a expressão inconstitucionais, entre as palavras julgar e as normas; e, por outro lado, a fls. 21 deveria ficar a constar, no imediato seguimento de fls. 20, a frase 265/93, de 31 de Julho (com excepção das alíneas b) e c) do seu nº 1, que também não constituem objecto do recurso), terminando aqui o texto da alínea a) da decisão.
Ora, é lícita a rectificação do acórdão em causa por erro material como, no caso, ocorre por força dos artigos 69º da LTC, 716º nº 1 e 667º nº 1 do CPC.
Assim, decide-se rectificar o erro material verificado na parte decisória do Acórdão nº 481/2001 dele devendo ficar a constar a seguinte decisão que se reproduz por inteiro com as apontadas rectificações:
5 Decisão:
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Não julgar inconstitucionais as normas constantes dos artigos 94º da Lei Orgânica da Guarda Nacional Republicana, aprovada pelo Decreto-Lei nº. 231/93, de 26 de Junho...
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