Acórdão nº 081188 de Supremo Tribunal Administrativo (Portugal), 26 de Março de 1992 (caso None)
Magistrado Responsável | CABRAL DE ANDRADE |
Data da Resolução | 26 de Março de 1992 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV. DIR CONST. DIR CIV - DIR RESP CIV.
Legislação Nacional: CPC67 ART653 N2 ART690 N1 ART712 ART722 N2 ART729 N2. CCIV66 ART72 ART1817 N2. CONST89 ART18 N2 ART26 N1 ART68 N2.
Jurisprudência Nacional: AC STJ DE 1982/12/02 IN BMJ N322 PÁG315. AC STJ DE 1979/07/10 IN BMJ N284 PÁG242. AC STJ DE 1980/04/11 IN BMJ N356 PÁG206. AC STJ DE 1988/01/06 IN BMJ N373 PÁG538.
Sumário : I - O âmbito do recurso determina-se em face das conclusões da alegação do recorrente. II - O recurso para o Supremo Tribunal de Justiça visa apenas o reexame de matéria de direito, sendo-lhe vedada a apreciação da prova e a fixação dos factos materiais da causa. III - É a Relação que fixa em definitivo os factos materiais da causa, ainda que envolvam questões de direito. IV - O que o Supremo Tribunal de Justiça pode censurar é o uso que a Relação fez dos poderes que lhe são conferidos pelo artigo 712 do Código de Processo Civil, e não o não uso. V - O direito à investigação de paternidade não é um direito fundamental, dos consagrados na Constituição. VI - É no artigo 72 do Código Civil...
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