Decisões Sumárias nº 665/13 de Tribunal Constitucional (Port, 14 de Novembro de 2013
Magistrado Responsável | Cons. Ana Guerra Martins |
Data da Resolução | 14 de Novembro de 2013 |
Emissor | Tribunal Constitucional (Port |
DECISÃO SUMÁRIA N.º 665/2013
Processo n.º 1133/13
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Secção
Relatora: Conselheira Ana Guerra Martins
I RELATÓRIO
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Nos presentes autos, foi interposto recurso pelo Ministério Público, para si obrigatório, ao abrigo do artigo 280º, n.º 1, alínea a) e n.º 3, da Constituição da República Portuguesa (CRP) e dos artigos 70º, n.º 1, alínea a), e 72º, n.º 3, da Lei do Tribunal Constitucional (LTC), do acórdão proferido pela 4ª Secção do Tribunal da Relação do Porto, em 29 de maio de 2013 (fls. 59 a 67-verso) que desaplicou a norma extraída do n.º 7 do artigo 8º do Regime Geral das Infrações Tributárias (RGIT), por violação do princípio ne bis in idem (artigo 29º, n.º 5, da CRP).
Posto isto, cumpre apreciar e decidir.
II Fundamentação
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Por força do n.º 1 do artigo 78º-A da LTC, o Relator pode proferir decisão sumária quando a questão alvo de apreciação se revista de simplicidade, designadamente, por já ter sido objeto de decisão anterior pelo Tribunal Constitucional.
Sobre a questão normativa objeto dos presentes autos, o Tribunal Constitucional já proferiu os Acórdãos n.º 1/2013, n.º 297/2013, n.º 354/2013 e n.º 732/2013 (disponíveis in www.tribunalconstitucional.pt/tc/acordaos/), sendo que o primeiro deles serviu, aliás, de fundamento à decisão recorrida para sustentar a decisão de desaplicação da norma que constitui objeto do presente...
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