Acórdão nº 9610680 de Court of Appeal of Porto (Portugal), 04 de Dezembro de 1996
Magistrado Responsável | BAIÃO PAPÃO |
Data da Resolução | 04 de Dezembro de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC CONTRAORDENACIONAL.
Decisão: PROVIDO PARCIALMENTE. ANULADA A DECISÃO.
Área Temática: DIR ORDEN SOC. DIR CRIM - TEORIA GERAL. DIR ADM GER - ADM PUBL / LOCAL. DIR PROC PENAL.
Legislação Nacional: DL 445/91 DE 1991/11/20 ART1 N1 B ART54 N1 C N4. DL 100/84 DE 1984/03/29 ART51 N4 I ART52 N1 N2. DL 433/82 DE 1982/10/27 ART27 ART28 ART32 ART41 ART50 ART62. CP82 ART118. CP95 ART119. L 15/94 DE 1994/05/11 ART1 FF. CPP87 ART113 N1 B.
Sumário: I - Para instauração e aplicação de coima pela prática da contra-ordenação previsto e punido pelos artigos 1 n.1 alínea b) e 54 n.1 alínea c) e 4 do Decreto-Lei n.445/91, de 20 de Novembro, é competente a Câmara Municipal, sendo que a intervenção do vereador que proferiu a decisão condenatória está legitimada em face do disposto conjugadamente nos artigos 51 n.4 alínea i) 1ª parte e 52 ns.1 e 2 do Decreto-Lei n.100/84, de 29 de Março, em nada relevando os artigos 39 n.2 alínea a) e 88 n.1 deste Decreto-Lei, nem o artigo 21 n.1 da Lei 1/87, de 6 de Janeiro, por respeitarem unicamente às posturas e regulamentos municipais. II - No ilícito de mera ordenação qualificável como infracção permanente ou como infracção continuada, o prazo de prescrição do respectivo procedimento só corre, respectivamente, " desde o dia em que cessar a consumação " e " desde o dia da prática do último acto ". III - Decorrendo da decisão da autoridade administrativa que a situação alvo de censura contra-ordenacional " permanece por legalizar " ( tratava-se do funcionamento de um estabelecimento industrial de lavandaria sem a respectiva licença de utilização ), o ilícito em questão reveste natureza permanente, pelo que...
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