Acórdão nº 0053041 de Supremo Tribunal Administrativo (Portugal), 02 de Junho de 1992 (caso None)
Magistrado Responsável | CALIXTO PIRES |
Data da Resolução | 02 de Junho de 1992 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: CONFLITO COMPETÊNCIA.
Decisão: DECLARAÇÃO DE COMPETÊNCIA.
Área Temática: DIR JUDIC - CONFLITOS / ORG COMP TRIB. DIR MENORES.
Legislação Nacional: OTM78 ART146 D ART147 F ART153 ART155 ART181 N2 ART182.
Jurisprudência Nacional: AC STJ DE 1989/01/24 IN BMJ N383 PAG519. AC RC DE 1984/02/21 IN CJ ANOIX T1 PAG49.
Sumário: I - Quanto à matéria do incidente de incumprimento de prestação alimentar devida a menor, é inquestionável que o tribunal competente para dela conhecer seria sempre o Tribunal de Família de Lisboa em causa, atento o estatuído nas disposições combinadas dos artigos 146, alínea d), 147, alínea f), 153 e 181, n. 2, todos da Organização Tutelar de Menores, como aliás se doutrinou também no acórdão do Supremo de 1989/01/24, publicado no BMJ n. 383, pág. 519. II - Já mais duvidosa poderá ser a sua competência no que tange ao pedido, simultaneamente formulado, de alteração da regulação do exercício do poder paternal - relativamente ao montante da pensão alimentar - por se tratar não de um incidente mas de uma nova acção. III - Se nos termos do disposto no artigo 155, n. 1, da OTM, o tribunal competente para decretar as providencias tutelares cíveis...
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