Acórdão nº 7377/2006-7 de Court of Appeal of Lisbon (Portugal), 20 de Setembro de 2006
Magistrado Responsável | ABRANTES GERALDES |
Data da Resolução | 20 de Setembro de 2006 |
Emissor | Court of Appeal of Lisbon (Portugal) |
I - M.[…] veio apelar da sentença proferida em acção de divórcio que intentou contra R.[…] com fundamento em que a matéria de facto provada permitia que fosse julgada procedente a acção com motivo na separação de facto entre os cônjuges, em face do art. 1781º do CC.
II - Factos provados: a) A. e R. celebraram casamento civil, sem convenção antenupcial, em 20-10-88; b) O casal habitava na Estrada Regional […], e desde data que não foi possível apurar concretamente, mas situada no ano de 1989, os cônjuges deixaram de viver juntos; c) A R. saiu da ilha e não mais regressou; d) Com referência a 1989, A. e R. não voltaram a partilhar a mesma mesa, cama e habitação; e) Não há por parte do A. qualquer possibilidade de restabelecimento da vida em comum.
III - Decidindo: A simplicidade da questão suscitada e, mais do que isso, o manifesto erro de julgamento que afecta a decisão recorrida determinam a emissão de decisão singular e sumária.
Com efeito, sendo seguro que os cônjuges se encontram separados de facto, pelo menos, desde 1989, altura em que a R. saiu da […], onde estava situado o lar conjugal, e em que os cônjuges deixaram de manter qualquer relacionamento mútuo, é evidente a verificação do pressuposto do "divórcio-remédio" que decorre do art. 1781º do CC.
Efectivamente, para efeitos de aplicação de tal dispositivo, é dispensável qualquer pronunciamento sobre a imputação da situação de separação de facto.
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