Acórdão nº 9250622 de Court of Appeal of Porto (Portugal), 07 de Janeiro de 1993
Magistrado Responsável | CARLOS MATIAS |
Data da Resolução | 07 de Janeiro de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ANULADA A DECISÃO.
Área Temática: DIR CIV - DIR FAM. DIR PROC CIV.
Legislação Nacional: CPC67 ART653 ART658 N2 ART659 N3. CCIV66 ART389 ART1801.
Jurisprudência Nacional: ASS STJ N4/83 DE 1983/06/21. ASS STJ N5/78 DE 1978/07/25 IN BMJ N279 PAG79. AC STJ DE 1989/06/27 IN BMJ N388 PAG452.
Sumário: I - O nosso sistema processual estabelece, nomeadamente na acção declarativa com processo ordinário, uma nítida divisão entre a decisão da matéria de facto, a cargo do tribunal colectivo, e a sentença, que compete ao juiz singular. II - Por isso, ao elaborar a sentença, o juiz não pode proceder à reapreciação das provas de livre apreciação, que já foram objecto de atenção do tribunal colectivo. III - Na acção de investigação de paternidade o exame serológico é apenas um meio de prova destinado a demonstrar um facto, qual seja o de o menor ter sido gerado pelas relações sexuais mantidas entre sua mãe e o Réu. IV - É admissível a interpretação restritiva do Assento número 4/83, de 21 de Junho uma...
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