Acórdão (extrato) n.º 803/2017
Data de publicação | 26 Janeiro 2018 |
Seção | Parte D - Tribunais e Ministério Público |
Órgão | Tribunal Constitucional |
Acórdão (extrato) n.º 803/2017
Processo n.º 846/16
III. Decisão
14 - Nos termos e pelos fundamentos expostos, decide-se:
a) Julgar inconstitucional a norma constante do artigo 18.º, n.º 2, da Portaria n.º 278/2013, de 26 de agosto, na redação conferida pela Portaria n.º 46/2015, de 23 de fevereiro, conjugada com a tabela anexa I, no sentido de que o montante dos honorários notariais devidos em processo de inventário de valor superior a (euro) 275 000, sofre acréscimo de 3 UC por cada (euro) 25 000 ou fração, sem limite máximo, não permitindo que os mesmos sejam fixados de acordo com a complexidade e tempo gasto; e, consequência,*
b) Conceder provimento ao recurso, revogar a decisão recorrida e determinar a sua reforma em conformidade com o presente julgamento de inconstitucionalidade;
Sem custas.
Notifique.
Lisboa, 29 de novembro de 2017. - Fernando Vaz Ventura - Catarina Sarmento e Castro - Pedro Machete - Lino Rodrigues Ribeiro - Manuel da Costa Andrade.
* Retificado pelo Acórdão n.º 820/17.
Texto integral do Acórdão disponível no sítio eletrónico do Tribunal Constitucional:
http://www.tribunalconstitucional.pt/tc/acordaos/20170803.html?impressao=1
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