Acórdão nº 447/11 de Tribunal Constitucional (Port, 11 de Outubro de 2011
Magistrado Responsável | Cons. Pamplona Oliveira |
Data da Resolução | 11 de Outubro de 2011 |
Emissor | Tribunal Constitucional (Port |
ACÓRDÃO N.º 447/2011
Processo n.º 474/10
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Secção
Relator: Conselheiro Carlos Pamplona de Oliveira
Acordam na 1.ª Secção do Tribunal Constitucional
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No Tribunal de Família e Menores de Braga foi proferida sentença a desaplicar, com fundamento em inconstitucionalidade, a norma retirada do artigo 4.º n.º 5 do Decreto-Lei n.º 164/99 de 13 de Maio, mais decidindo «não seguir a uniformização de jurisprudência por se entender que o decidido no Acórdão do Supremo Tribunal de Justiça n.º 12/2009 não estará em conformidade com a Constituição da República Portuguesa, nos termos acima expostos.»
Houve, por isso, recurso obrigatório directamente interposto pelo Ministério Púbico para o Tribunal Constitucional nos termos da alínea a) do n.º 1 do artigo 70º da Lei n.º 28/82 de 15 de Novembro.
Recebido o recurso, alegou o recorrente e concluiu propondo que o Tribunal decida julgar inconstitucional a norma do art. 4º, nº 5 do Decreto-Lei 164/99, de 13 de Maio, quando interpretada no sentido de que a obrigação de prestação de alimentos a menor, assegurada pelo Fundo de Garantia de Alimentos Devidos a Menores, em substituição do devedor, só nasce com a decisão que julgue o incidente do incumprimento do devedor originário e a respectiva exigibilidade só ocorre no mês seguinte ao da notificação da decisão do tribunal, não abrangendo, porém, quaisquer prestações anteriores, confirmando-se, em consequência, a decisão recorrida.
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Acontece que o Plenário do Tribunal, na sequência de pedido de generalização de jurisprudência formulado pelo Ministério Público...
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