Decisões Sumárias nº 344/04 de Tribunal Constitucional (Port, 16 de Junho de 2004
Magistrado Responsável | Cons. Mota Pinto |
Data da Resolução | 16 de Junho de 2004 |
Emissor | Tribunal Constitucional (Port |
DECISÃO SUMÁRIA Nº 344/04 Processo n.º 344/04 2ª Secção
Relator: Conselheiro Paulo Mota Pinto
Decisão nos termos do n.º 1 do artigo 78º-A da Lei de Organização, Funcionamento e Processo no Tribunal Constitucional
AUTONUM 1.O presente recurso de constitucionalidade vem interposto pelo representante do Ministério Público, junto do Tribunal Tributário de 1ª instância de Lisboa, ao abrigo dos artigos 70º, n.º 1 alínea g), e 72º, n.º 3 da Lei de Organização, Funcionamento e Processo no Tribunal Constitucional (Lei do Tribunal Constitucional), da sentença proferida pelo 5º juízo daquele Tribunal que julgou “inconstitucional, orgânica e materialmente, a norma do artigo 29º, alínea e), do Decreto-Lei n.º 40/95, de 15 de Fevereiro, por violação dos artigos 168º, n.º 1, alínea s), e 240º, n.ºs 1 e 3 da CRP, na versão da Lei n.º 1/92, de 25 de Novembro e que correspondem, respectivamente, aos artigos 165º, n.º 1, alínea q) e 238º, n.ºs 1 e 3, na versão da Lei n.º 1/97, de 20/09 (...)”.
AUTONUM 2.A questão de constitucionalidade que se discute no presente recurso é simples, por já ter sido objecto de anteriores decisões deste Tribunal, pelo que é caso de proferir decisão sumária, nos termos do artigo 78º-A, n.º 1, da Lei do Tribunal Constitucional.
AUTONUM 3.Na...
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