Acórdão (extrato) n.º 72/2021
Data de publicação | 12 Maio 2021 |
Seção | Parte D - Tribunais e Ministério Público |
Órgão | Tribunal Constitucional |
Acórdão (extrato) n.º 72/2021
Sumário: Não julga inconstitucional a norma incriminatória constante do artigo 169.º, n.º 1, do Código Penal (lenocínio); revoga o Acórdão n.º 134/20.
Processo n.º 1458/17
III - Decisão
3 - Em face do exposto, decide-se:
a) Não julgar inconstitucional a norma incriminatória constante do artigo 169.º, n.º 1, do Código Penal;
b) Revogar o Acórdão n.º 134/2020, proferido nos presentes autos; e, consequentemente,
c) Julgar improcedente o recurso originariamente interposto.
3.1 - Custas pelo recorrente nessa impugnação inicial (o recorrido no recurso para o Plenário), por ter decaído globalmente neste processo, em função do resultado do presente recurso, na pretensão impugnatória que dirigiu ao Tribunal Constitucional (artigo 84.º, n.º 2, da LTC), fixando-se a taxa de justiça em 25 unidades de conta, ponderados os critérios estabelecidos no artigo 9.º, n.º 1, do Decreto-Lei n.º 303/98, de 7 de outubro (cf. o artigo 6.º, n.º 1, do mesmo diploma).
O relator atesta os votos de conformidade ao presente Acórdão do Conselheiro Fernando Vaz Ventura, da Conselheira Maria de Fátima Mata-Mouros e da Conselheira Mariana Canotilho, atestando igualmente o voto de vencido do Senhor Conselheiro Lino Rodrigues Ribeiro - cujos termos são os seguintes: "vencido nos termos da fundamentação do Acórdão recorrido" - e o voto de vencido do Senhor Conselheiro Presidente, Manuel da Costa Andrade - cujos termos são os seguintes: "vencido nos termos da declaração de voto junta ao Acórdão n.º 641/2016". O relator atesta igualmente o voto de conformidade do Conselheiro José João Abrantes. José Teles Pereira
Lisboa, 27 de janeiro de...
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