Decreto-Lei n.º 541-A/75, de 27 de Setembro de 1975
Decreto-Lei n.º 541-A/75 de 27 de Setembro Bem se compreende que a função de Deputado à Assembleia Constituinte não seja compatível com a de membro do Governo Provisório. Essa incompatibilidade foi prevista no artigo 10.º do Decreto-Lei n.º 621-A/74, de 15 de Novembro.
Eleito para a Assembleia Constituinte um candidato que opte pela sua permanência ou participação no Governo, estabelece o artigo 8.º do Decreto-Lei n.º 621-C/74, também de 15 de Novembro, que o mandato seja conferido ao candidato seguinte na ordem de precedência indicada na declaração de candidatura.
Por manifesta inadvertência não foi prevista a hipótese de o candidato optante cessar as suas funções no Governo, sendo manifesto que se não trata de uma incapacidade conexa com a sua pessoa, antes de mera incompatibilidade funcional.
Assim sendo, é lógico e justo que, finda essa incompatibilidade, o candidato substituído assuma ou reassuma o mandato que lhe foi conferido pelo eleitorado, o qual, mais que um direito, é um dever.
Nestes termos: Usando da faculdade conferida pelo artigo 3.º, n.º 1, alínea 3), da Lei Constitucional n.º 6/75, de 26 de Março, o Governo decreta e eu promulgo, para valer como lei, o...
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