Acórdão nº 9210047 de Court of Appeal of Porto (Portugal), 01 de Junho de 1992
Magistrado Responsável | ARAUJO CARNEIRO |
Data da Resolução | 01 de Junho de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC CIV - PROC ESP / RECURSOS. DIR MENORES.
Legislação Nacional: CCIV66 ART1905 ART1906 ART1907 ART1908 ART1909. CPC67 ART302 ART303 ART304 ART653 N2 N3 ART668 ART712 N1 N3 ART1409 N2 ART1410. OTM78 ART150 ART158 N1 C ART174 ART180 N1 C ART183.
Sumário: I - Na sentença proferida numa acção de regulação do poder paternal, não obstante nesta não haver questionário, deve o Juiz especificar, em relação aos factos dados como provados, os fundamentos que foram decisivos para a sua convicção. II - Se na sentença faltar essa fundamentção, esta irregularidade não causa a nulidade da sentença, dando lugar apenas a que a Relação, a requerimento do interessado, mande o Juiz supri-la. III - No processo de regulação do poder paternal, que é um processo de jurisdição voluntária, a actividade do Juiz, no tocante à indagação da matéria de facto, é livre, não vinculada às alegações das partes, em ordem, unicamente, à satisfação do interesse da menor. IV - A matéria de facto dada como provada no tribunal da 1ª instância não pode ser...
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