Acórdão nº 9210432 de Court of Appeal of Porto (Portugal), 14 de Janeiro de 1993
Magistrado Responsável | CESARIO DE MATOS |
Data da Resolução | 14 de Janeiro de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR FAM. DIR MENORES.
Legislação Nacional: CCIV66 ART1981 N4 ART2034.
Jurisprudência Nacional: AC RC DE 1992/01/07 IN CJ ANOXVII T1 PAG81.
Sumário: I - A indignidade prevista no artigo 1981, número 4 do Código Civil como condição da dispensa do consentimento dos pais ( ou ascendentes ) do adoptando, não é conectável ao instituto da indignidade sucessória do artigo 2034 do Código Civil. II - Integra o conceito de indignidade do artigo 1981, número 4 do Código Civil não só o comportamento activo, seu revelador, mas ainda o desinteresse manifesto e suficientemente grave para comprometer os vínculos afectivos próprios da filiação, para além de qualquer violação por omissão dos deveres integrantes do poder paternal. III - Neste sentido são indignos os pais biológicos que se consideram proprietários dos filhos gerados e que estão em permanente e voluntária conduta de auto-embotamento físico psíquico pelo álcool, postergando diária e sistematicamente ínfimos cuidados de subsistência, segurança e vigilância dos filhos, que deixam entregues à sua...
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