Acórdão nº 9150737 de Court of Appeal of Porto (Portugal), 11 de Dezembro de 1991
| Magistrado Responsável | JUDAK FIGUEIREDO |
| Data da Resolução | 11 de Dezembro de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR MENORES.
Legislação Nacional: OTM78 ART2 ART19 ART66. CPC67 ART158 ART659 ART668 N1 B ART740 N3. CONST76 ART208 N1.
Jurisprudência Nacional: AC RC DE 1980/11/04 IN BMJ N303 PAG279. AC RP DE 1982/07/08 IN BMJ N319 PAG343. AC STA DE 1974/03/14 IN BMJ N239 PAG242.
Sumário: I - Os recursos em processos tutelares são processados e julgados como os agravos em matéria cível, cabendo ao tribunal fixar o respectivo efeito. II - Se a medida decretada no despacho recorrido supõe uma situação de perigo para os menores e orientando-se a jurisdição tutelar, fundamentalmente, pelos interesses destes, não é de atribuir efeito suspensivo ao recurso, mesmo que requerido. III - Tal efeito só é de atribuir quando, face à valoração da situação concreta, for de concluir que a execução imediata do despacho é...
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