Acórdão nº 068638 de Supremo Tribunal de Justiça (Portugal), 15 de Maio de 1980 (caso NULL)
Magistrado Responsável | ALVES PINTO |
Data da Resolução | 15 de Maio de 1980 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: CABRAL MONCADA LIÇÕES DE DIREITO CIVIL 1931-1932 V1 PAG163. MOITINHO ALMEIDA BMJ N285 PAG19.
Área Temática: DIR CIV - DIR FAM. DIR MENORES. DIR PROC CIV. DIR CONST. DIR TRIB - DIR CUSTAS JUD.
Legislação Nacional: DL 496/77 DE 1977/11/25. CCIV66 ART123 ART124 ART1839 N1 ART1841 ART1842 ART1846 N1 ART1881 N2. LOMP78 ART3 ART5 N1 D N2 A. CONST76 ART69. DL 314/78 DE 1978/10/27 ART10 N2. CPC67 ART9 N2 ART10 N3 ART106 N2 N3. CCJ64 ART3 N1 A. L 39/78 DE 1978/07/05 ART5 N2 A D.
Sumário : I - O Ministerio Publico, no uso directo de uma representação judicial dos menores, que a lei lhe confere designadamente para intentar acções (artigo 10 do Decreto-Lei n. 314/78, de 27 de Outubro), não tem, porem, legitimidade para intentar acções de impugnação de paternidade em nome dos proprios menores. II - Se o Ministerio Publico, em representação de uma menor, intentar uma acção de impugnação de paternidade, deve a respectiva petição ser indeferida liminarmente com fundamento na falta de legitimidade do mesmo Ministerio Publico para exercer o direito de acção. III - A falta de capacidade judiciaria da menor, decorrente da sua incapacidade de exercicio de direitos, teria de ser suprida por um curador especial, a nomear pelo juiz da causa sob promoção do Ministerio Publico (artigos 1881 do do Codigo Civil e 10 do Codigo de Processo Civil, intervindo este no processo a titulo...
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