Decreto-Lei n.º 342/88, de 28 de Setembro de 1988
Decreto-Lei n.º 342/88 de 28 de Setembro O Estatuto dos Magistrados Judiciais - Lei n.º 21/85, de 30 de Julho - não prevê, no n.º 1 do artigo 68.º, que aos magistrados judiciais jubilados seja aplicável o disposto no n.º 1 do artigo 23.º, referente a participação emolumentar.
Atendendo a que a Lei Orgânica do Ministério Público - Lei n.º 47/86, de 15 de Outubro - estipula expressamente que aos magistrados jubilados pode ser autorizada a atribuição de uma participação emolumentar; Atendendo à necessidade de evitar desigualdade de tratamento entre os magistrados judiciais e os do Ministério Público: Procede-se à alteração do n.º 1 do artigo 68.º da Lei n.º 21/85, de 30 de Julho, de modo a aplicar aos magistrados judiciais jubilados o disposto no n.º 1 do artigo 23.º da mesma lei, referente à atribuição de uma participação emolumentar.
Assim: No uso da autorização legislativa concedida pela Lei n.º 80/88, de 7 de Julho, e nos termos da alínea b) do n.º 1 do artigo 201.º da Constituição, o Governo decreta o seguinte: Artigo 1.º O artigo 68.º da Lei n.º 21/85, de 30 de Julho, passa a ter a seguinte redacção: Art. 68.º - 1 - Aos magistrados judiciais jubilados é aplicável o disposto nos n.os 1 e 3 do artigo 17.º, nos n.os 1 e 2 do artigo 23.º e no n.º 2 do artigo 29.º, correspondendo-lhes a participação emolumentar fixada para os magistrados do activo de categoria idêntica àquela em que se verificou a jubilação.
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