Decisões Sumárias nº 319/12 de Tribunal Constitucional (Port, 20 de Junho de 2012
Magistrado Responsável | Cons. José Cunha Barbosa |
Data da Resolução | 20 de Junho de 2012 |
Emissor | Tribunal Constitucional (Port |
DECISÃO SUMÁRIA N.º 319/2012
Processo n.º 327/12
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Secção
Relator: Conselheiro José da Cunha Barbosa
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O Representante do Ministério Público junto do Tribunal Judicial da Comarca de Montemor-o-Velho recorre para o Tribunal Constitucional ao abrigo do disposto no artigo 70.º, n.º 1, alínea a), da Lei n.º 28/82, de 15 de Novembro (LTC), da decisão ali proferida e que recusou a aplicação do artigo 3.º, n.º 1, do DL n.º 400/82, de 23 de Setembro, por violação dos princípios da igualdade, da culpa, da proporcionalidade e da necessidade, enquanto da mesma decorre o estabelecimento para a pena de prisão, do limite mínimo previsto no n.º 1 do artigo 40.º do CP de 1982 (a que corresponde o n.º 1 do art. 41.º, na versão de tal diploma de 1995), relativamente aos tipos legais previstos em legislação avulsa (sancionadores da pesca ilegal), cuja moldura penal tenha como limite máximo um limite igual ou inferior àquele limite mínimo, conduzindo ao estabelecimento de uma pena fixa.
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Considerando, face à jurisprudência do Tribunal Constitucional sobre a matéria, que está em causa uma questão simples, a mesma passa a ser decidida nos termos admitidos pelo artigo 78.º-A, n.º 1, da LTC.
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De facto, este Tribunal já se pronunciou, por diversas ocasiões (cf. acórdãos n.os 22/2003, 163/2004 e, mais recentemente, 80/2012, todos disponíveis em www.tribunalconstitucional.pt), sobre a presente questão de constitucionalidade tendo sempre julgado inconstitucional a norma extraída do n.º 1 do...
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