Decisões Sumárias nº 139/01 de Tribunal Constitucional (Port, 21 de Maio de 2001
Magistrado Responsável | Cons. Bravo Serra |
Data da Resolução | 21 de Maio de 2001 |
Emissor | Tribunal Constitucional (Port |
DECISÃO SUMÁRIA Nº 139/01
Processo n.º: 280/2001
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Secção
Relator: Conselheiro Bravo Serra
Por acórdão proferido em 29 de Março de 2001 pelo Tribunal Central Administrativo foi dado provimento ao recurso interposto por A. e B. e referente ao acto tácito de indeferimento imputado ao Ministro das Finanças na sequência de recurso hierárquico que para o mesmo interpôs da dedução que lhe foi imposta de um determinado quantitativo que lhe tinha sido abonado a título de abono para falhas.
Para assim decidir, o aresto em causa recusou, por inconstitucionalidade, a aplicação da norma constante do nº 3 do artº 3º do Decreto-Lei nº 335/97, de 2 de Dezembro, o que motivou que, ao abrigo da alínea a) do nº 1 do artº 70º da Lei nº 28/82, de 15 de Novembro, o Ministério Público tivesse interposto recurso para este Tribunal.
Neste contexto, e porque a questão a decidir nos presentes autos consiste em saber se é, ou não, compatível com a Constituição, o normativo cuja aplicação foi recusada no acórdão ora impugnado, tal questão é de perspectivar como «simples» para os efeitos do nº 1 do artº 78º-A da Lei nº 28/82.
Na verdade, referentemente a uma tal questão, já, por diversas vezes, se pronunciou este Tribunal.
Fê-lo, verbi gratia, por intermédio dos seus Acórdãos números 37/2001, 38/1001 e...
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