Decisões Sumárias nº 234/15 de Tribunal Constitucional, 13 de Abril de 2015
Magistrado Responsável: | Cons. Catarina Sarmento e Castro |
Data da Resolução: | 13 de Abril de 2015 |
Emissor: | Tribunal Constitucional |
DECISÃO SUMÁRIA N.º 234/2015
Processo n.º 780/14
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Secção
Relator: Conselheiro Catarina Sarmento e Castro
Decisão sumária (artigo 78.º-A da Lei n.º 28/82, de 15 de novembro)
Recorrente: A.
Recorrido: Ministério Público
I - Relatório
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Nos presentes autos, vindos do Supremo Tribunal de Justiça, A. veio interpor recurso de constitucionalidade, ao abrigo do artigo 70.º, n.º 1, alínea b), da Lei n.º 28/82, de 15 de novembro, (Lei de Organização, Funcionamento e Processo do Tribunal Constitucional, doravante designada por LTC).
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A recorrente identifica, como decisão recorrida, a proferida em sede de reclamação do despacho de não admissão do recurso, datada de 27 de junho de 2014.
Define o objeto do recurso como correspondendo à inconstitucionalidade do seguinte critério normativo:
( ) a al. e) do [n.º 1 do] artº. 400º ( ) do CPP ( ) quando interpretada no sentido de que não é admissível recurso de acórdãos proferidos, em recurso, pelas relações, que revoguem a decisão [absolutória] proferida em primeira instância e apliquem pena não privativa da liberdade ou pena de prisão inferior a cinco anos ( )
Cumpre apreciar e decidir.
II - Fundamentos
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A recorrente apresenta, na mesma peça processual, o requerimento de interposição de recurso e as alegações.
Porém, face ao disposto no n.º 5 do artigo 78.º-A da LTC, resulta incontroverso que a apresentação de alegações, nas presentes circunstâncias, é prematura (cfr., nesse sentido, os Acórdãos deste Tribunal Constitucional, com os n.os 39/99, 15/01, 61/09, disponíveis em www.tribunalconstitucional.pt).
Na verdade, as alegações de recurso apenas devem ser apresentadas pelo recorrente, após prolação de despacho do relator, nesse sentido.
Não sendo possível, in casu, autonomizar as alegações, não se ordena o seu desentranhamento. Contudo, a peça processual apenas será considerada, na parte relativa ao requerimento de interposição de recurso, sendo desconsiderada a exposição remanescente, pelos motivos referidos.
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Nos termos do n.º 1 do artigo 78.º-A da LTC, o relator profere decisão sumária quando entenda que a questão a decidir é simples, circunstância que se verifica no caso, face à existência de jurisprudência consolidada do Tribunal Constitucional, cujo sentido e fundamentação são aplicáveis na apreciação da questão colocada.
De facto, no Acórdão n.º 49/2003 cuja fundamentação é seguida em arestos posteriores, nomeadamente no Acórdão com o n.º...
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