Acórdão (extrato) n.º 565/2018
Data de publicação | 14 Dezembro 2018 |
Section | Parte D - Tribunais e Ministério Público |
Órgão | Tribunal Constitucional |
Acórdão (extrato) n.º 565/2018
Processo n.º 524/18
III - Decisão
Pelo exposto, decide-se:
a) Julgar inconstitucional, por violação da reserva relativa de competência legislativa da Assembleia da República em matéria de direitos, liberdades e garantias prevista no artigo 165.º, n.º 1, alínea b), da Constituição e do princípio da igualdade consignado no seu artigo 13.º, n.º 1, a norma do n.º 7 do artigo 64.º do Decreto-Lei n.º 291/2007, de 21 de agosto, na redação introduzida pelo Decreto-Lei n.º 153/2008, de 6 de agosto, correspondente ao entendimento segundo o qual, nas ações destinadas à efetivação da responsabilidade civil decorrente de acidente de viação, para efeitos de apuramento do rendimento mensal do lesado, no âmbito da determinação do montante da indemnização por danos patrimoniais a atribuir ao mesmo, o tribunal apenas pode valorar os rendimentos líquidos auferidos à data do acidente, que se encontrem fiscalmente comprovados, após cumprimento das obrigações declarativas legalmente fixadas para tal período;
E, em consequência,
b) Negar provimento ao recurso e confirmar a decisão recorrida.
Sem custas.
Lisboa, 7 de novembro de 2018. - Pedro Machete - Fernando Vaz Ventura - Catarina Sarmento e Castro (Voto a decisão...
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