Acórdão nº 96A359 de Supremo Tribunal de Justiça (Portugal), 02 de Julho de 1996 (caso NULL)
Data | 02 Julho 1996 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: GUILHERME OLIVEIRA IN RLJ ANO128 PAG328.
Área Temática: DIR CIV - DIR FAM. DIR PROC CIV - RECURSOS.
Legislação Nacional: CCIV66 ART1801. CPC67 ART489 N1 ART490 N1 ART512 ART601 N2 ART609 N3 ART653 N5 ART655 ART722 N2 ART729 N3 ART730. DL 387-C/87 DE 1987/12/29 ART12 N2 ART22. CPP29 ART163 N2.
Jurisprudência Nacional: ASS STJ DE 1983/06/21 IN BMJ N328 PAG297.
Sumário : I - O facto de, no acórdão da Relação e sem que a matéria fosse de conhecimento oficioso, se ter apreciado questão nova, em termos de defesa, relativamente àquela que fora posta à apreciação da 1. Instância, não justifica que o Supremo deva incorrer no mesmo erro. II - Em matéria de investigação de paternidade, ao Supremo é vedado exercer censura sobre os factos que as Instâncias deram como provados com base no resultado de exames sanguíneos efectuados no Instituto de Medicina Legal. III - Mais que propriamente a admissibilidade da prova pelos exames hematológicos, o legislador de...
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