Acórdão nº 062856 de Supremo Tribunal de Justiça (Portugal), 10 de Março de 1970 (caso NULL)
Data | 10 Março 1970 |
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. DIR PROC CIV.
Legislação Nacional: CPC61 ART619 ART620 ART642 ART653 N1. CPC67 ART617 ART618 ART653 N2 ART656 N4 ART708 ART710 N2 ART712 N3. CONST33 ART121. EJ62 ART98. D 2 DE 1910/12/25 ART34 N4.
Jurisprudência Nacional: AC STJ DE 1966/10/04 IN BMJ N160 PAG289.
Sumário : I - O que caracteriza o dolo na sedução com promessa de casamento não e a falsidade da promessa, mas o procedimento voluntario para obter o fim desejado. II - Se o Tribunal Colectivo considerou provado que o investigando teve relações sexuais com a mãe do autor dentro dos 300 dias que precederam o nascimento deste, tal resposta não deve considerar-se insuficiente para revelar que essas relações tiveram lugar nos primeiros 120 dias do periodo de 300 dias, pois, uma vez que tambem se provou que a mãe do autor não teve relações com qualquer outro homem, a referencia aos 300 dias significa que, durante todo esse periodo, houve relações sexuais. III - E susceptivel de recurso, por traduzir um poder vinculado, o despacho que declara secreta a audiencia de julgamento, competindo ao tribunal superior averiguar se o fundamento invocado e o estabelecido na lei e se existia ou não. IV - As testemunhas de...
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