Acórdão (extrato) n.º 819/2017
Data de publicação | 16 Fevereiro 2018 |
Seção | Parte D - Tribunais e Ministério Público |
Órgão | Tribunal Constitucional |
Acórdão (extrato) n.º 819/2017
Processo n.º 992/16
III - Decisão
3 - Em face do exposto, decide-se, na procedência parcial do recurso:
a) não julgar inconstitucionais as normas contidas nos n.os 5 e 6 do artigo 1.º do Decreto-Lei n.º 195-A/76, de 16 de março, interpretados no sentido de permitirem o reconhecimento de uma relação de enfiteuse constituída por usucapião, tendo em vista a sua extinção, nos termos do n.º 1 do mesmo artigo;
b) julgar inconstitucional a norma contida no artigo 2.º do Decreto-Lei n.º 195-A/76, de 16 de março, interpretada no sentido de a extinção do direito correspondente ao domínio direto numa relação jurídica de enfiteuse, com a consolidação da propriedade plena na esfera jurídica do titular do domínio útil, por força do disposto no artigo 1.º, n.º 1 do referido Diploma, não conferir direito a indemnização; e, consequentemente,
c) determinar que os autos regressem ao Supremo Tribunal de Justiça, a fim de que este reforme a decisão em conformidade com o presente julgamento sobre a questão da inconstitucionalidade.
Sem custas (cf. artigos 6.º, n.º 1, do Decreto-Lei n.º 303/98, de 7 de outubro, e 84.º, n.º 2, da LTC, a...
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