Acórdão nº 97B700 de Supremo Tribunal de Justiça (Portugal), 03 de Março de 1998 (caso NULL)
Data | 03 Março 1998 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR NACION.
Legislação Nacional: LNAC81 ART3 N1 ART9 B. RNACP82 ART22 N1. DL 253/94 DE 1994/10/20 ART4. L 25/94 DE 1994/08/19 ART4 N2.
Sumário : I - O artigo 3, n. 1, da Lei 37/81, de 3 de Outubro, ao dispor que o estrangeiro casado há mais de três anos com nacional português pode adquirir a nacionalidade portuguesa mediante declaração feita na constância do matrimónio, prevê a aquisição da nacionalidade por efeito da vontade, pois que o seu elemento essencial é a declaração de vontade do estrangeiro que esteja casado com um nacional português, sendo tal casamento um pressuposto de facto daquela declaração. II - Embora seja certo que com esta norma se visa assegurar o princípio da unidade familiar, não menos certo é que o objectivo da lei não é o de concretização a qualquer preço desse princípio, já que, a ser assim, deixaria de ter sentido o disposto no artigo 9, alínea a), da mesma Lei da Nacionalidade, segundo o qual a oposição à aquisição da nacionalidade portuguesa tem, entre outros fundamentos, "a não comprovação, pelo interessado, de ligação efectiva à comunidade nacional". III - Os dados ou elementos, através dos quais se estará habilitado a chegar a uma conclusão segura sobre a verificação ou não dessa ligação efectiva, deverão ser colhidos quer da própria noção de nacionalidade, quer da ideia de alguma permanência coincidente com o facto de o próprio casamento do estrangeiro com o nacional português só dar...
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