Acórdão nº 082514 de Supremo Tribunal de Justiça (Portugal), 13 de Outubro de 1992 (caso NULL)
Data | 13 Outubro 1992 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR FAM / TEORIA GERAL. DIR PROC CIV. DIR CONST - DIR FUND.
Legislação Nacional: CPC67 ART519 N2 N3 ART712 ART721 N2 ART722 N2 ART729 N2 N3. CCIV66 ART1798. CONST82 ART3 ART18 ART20 ART41 N2.
Jurisprudência Nacional: AC STJ DE 1983/02/03 IN BMJ N324 PAG504. ASS STJ DE 1983/06/21 IN BMJ N328 PAG291.
Sumário : I - O Supremo não pode conhecer de matéria de facto fora das previsões excepcionais do n. 2 do artigo 722 do Código de Processo Civil, não podendo consequentemente censurar a maneira como as Instâncias fixaram os factos que tiveram como provados face ás respostas dadas aos quesitos, ainda que os depoimentos das testemunhas tenham sido todos reduzidos a escrito. II - O Supremo não pode exercer censura sobre o não uso, pela Relação, do poder de anulação das decisões do Colectivo. III - O artigo 20 da Constituição da República protege específicamente aqueles que, por dificuldades económicas, não puderem exercer os seus direitos, o que não sucede relativamente a quem gozou de "igualdade de armas" em toda a marcha do processo. IV - Recusando-se o investigado a submeter-se a um exame sanguíneo para prova da sua paternidade, procedeu ilegítimamente, podendo o tribunal apreciar livremente o...
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