Acórdão nº 081411 de Supremo Tribunal de Justiça (Portugal), 02 de Abril de 1992 (caso NULL)
Magistrado Responsável | PIRES DE LIMA |
Data da Resolução | 02 de Abril de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - DIR FAM.
Legislação Nacional: CPC67 ART264 ART456 ART511 N1 ART513 N1 N2 ART712 N1 ART722 ART729 N3. CCJ62 ART208 N1 A. CCIV66 ART1798.
Sumário : I - Em recurso de revista, o Supremo Tribunal de Justiça apenas pode conhecer da matéria de facto, nos estritos limites do disposto nos artigos 722 e 729 do Código de Processo Civil. II - Estando em causa uma ofensa de disposição expressa de lei, como será o caso do disposto no artigo 712 do Código de Processo Civil, não pode verificar-se tal ofensa se a Relação não tiver feito uso desse dispositivo legal, mas apenas quando desse dispositivo se utilizar pela positiva. III - Tanto a Relação como o Supremo, para efeito de alargamento da matéria de facto, só podem socorrer-se dos factos que tiverem sido alegados pelas partes, nos termos do princípio que está consignado nos artigos 511, 513, 650 e 664 do Código de Processo Civil. IV - O princípio de que o tribunal se pode socorrer dos factos notórios, no sentido genérico ou específico, (artigo 514) não alegados pelas partes, nada tem a ver com aquele outro princípio de que a prova só pode incidir sobre os factos que tenham sido quesitados (artigo 513). V - Quem, como réu, negar ter mantido trato sexual com a indicada mãe do menor investigando, age como litigante de...
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