Acórdão nº 062820 de Supremo Tribunal de Justiça (Portugal), 16 de Dezembro de 1969 (caso NULL)
Magistrado Responsável | JOAQUIM DE MELO |
Data da Resolução | 16 de Dezembro de 1969 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: CIT RLJ ANO63 PAG6. LUIS OSORIO COM CODIGO PROCESSO PENAL V2 PAG481.
Área Temática: DIR CIV - DIR FAM. DIR PROC CIV.
Legislação Nacional: CPC67 ART664 ART722 N2. CPP29 ART153.
Jurisprudência Nacional: ASS STJ DE 1962/12/21 IN BMJ N122 PAG395. AC STJ DE 1958/03/22.
Sumário : I - Se, em acção de investigação de paternidade ilegitima, se tiver provado que o reu foi condenado por estupro da mãe do autor, por meio de promessas de casamento - o que significa que esta era, então, virgem -, que as relações sexuais entre esta e aquele se repetiram, ate cerca de seis ou sete meses antes de o autor nascer, no decurso de namoro com incessantes promessas de casamento por ele a ela feitas, e que o reu não provou, como alegara, que a mãe do autor lhe tivesse sido infiel ou leviana, e de concluir que esta so com o investigado manteve relações sexuais durante esse namoro. II - As circunstancias, agravantes ou atenuantes, ligadas a um crime, constituem parte deste, são factos ligados intimamente a sua consumação e servem para determinar a responsabilidade penal do reu, integrando-se por isso no caso julgado definido pelo artigo 153 do Codigo de Processo Penal, a respeitar em acção civel. III - O erro na apreciação das provas e na fixação dos factos materiais da causa...
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