Decisões Sumárias nº 145/08 de Tribunal Constitucional (Port, 26 de Março de 2008
Magistrado Responsável | Cons. João Cura Mariano |
Data da Resolução | 26 de Março de 2008 |
Emissor | Tribunal Constitucional (Port |
DECISÃO SUMÁRIA Nº 145/2008
Processo nº 242/08
2ª Secção
Relator: Conselheiro João Cura Mariano
Relatório
O Ministério Público recorre para o Tribunal Constitucional, ao abrigo do disposto dos artigos 280.º, n.º 1, alínea a), e n.º 3, da Constituição da República Portuguesa, e 70.º, n.º 1, alínea a), 71.º, n.º 1, 72.º, n.º 1, alínea a), e n.º 3, e 75.º-A, n.º 1, da Lei n.º 28/82, de 15 de Novembro, na sua actual versão (LTC), do despacho proferido em 29-1-2008, no 2º Juízo Criminal do Tribunal Judicial de Santo Tirso, que recusou aplicar, com fundamento em inconstitucionalidade material, a norma contida no art.º 119.º, n.º 1, do C.P., com a interpretação que lhe foi dada pelo Assento n.º 10/2000.
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Fundamentação
O Tribunal Constitucional já teve ocasião de se pronunciar sobre a questão de inconstitucionalidade que agora vem colocada à sua consideração, tendo sido proferido acórdão com força obrigatória geral no sentido da inconstitucionalidade da norma extraída das disposições conjugadas do artigo 119º, nº 1, alínea a), do Código Penal, e do artigo 336º, nº 1, do Código de Processo Penal, ambos na redacção originária, na interpretação segundo a qual a prescrição do procedimento criminal se suspende com a declaração de contumácia, por violação do disposto no artigo 29.º, n.º 1 e 3, da C.R.P. (acórdão nº 183/08, proferido em 12-3-2008).
Uma vez que foi declarada a inconstitucionalidade, com força obrigatória geral, da norma objecto...
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