Acórdão nº 0071954 de Court of Appeal of Lisbon (Portugal), 23 de Março de 1994
Magistrado Responsável | CUNHA E SILVA |
Data da Resolução | 23 de Março de 1994 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: DL 30689 DE 1940/08/27 ART11 ART12. PORT DE 1986/11/19 MIN FINANÇAS. CONST89 ART13 ART18 N3 ART205 ART206 N3. DL 372-A/75 DE 1975/07/16 ART8 N1 B. LCCT89 ART6 N2.
Jurisprudência Nacional: AC STJ DE 1990/12/05 IN BMJ N402 PAG318. AC STJ DE 1983/06/21 IN AD N265 PAG11. AC RL PROC5538 DE 1990/01/17. AC RL DE 1988/06/22 IN CJ ANO1988 T3 PAG204.
Sumário: I - A existência de um regime legal específico de liquidação das instituições de crédito e das empresas nacionalizadas, e a subtracção de umas e outras ao regime legal de liquidação do património dos comerciantes através do processo de falência, não constitui, por si só, violação do princípio da igualdade consagrado no artigo 13 da Constituição da República Portuguesa. II - Neste caso, o título para o concurso de credores não é sentença de falência, mas um acto administrativo (a Portaria do Ministro das Finanças, publicada no DR em 27/11/1986) que não usurpa funções jurisdicionais, pois o Ministro das Finanças limita-se a retirar ao estabelecimento bancário a licença e a coordenar a consequente liquidação, não declarando, assim, a falência - não ofendendo qualquer princípio constitucional o cancelamento da licença e a determinação da liquidação. III - Também se não vê qualquer violação do artigo 18, n. 3, da CRP, pois as leis - que, em princípio, têm de revestir carácter geral e abstracto -, em casos especiais, podem revestir carácter...
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