Acórdão nº 9210591 de Court of Appeal of Porto (Portugal), 18 de Fevereiro de 1993
Magistrado Responsável | PIRES DA ROSA |
Data da Resolução | 18 de Fevereiro de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CIV - DIR FAM. DIR PROC CIV - PROC ESP.
Legislação Nacional: CCIV66 ART342 N1 ART351 ART2007 N1 ART1675 N1 N3. CPC67 ART712 N1 ART1407 N2 N7 ART388 N2 ART470. OTM78 ART150 ART157.
Jurisprudência Nacional: AC STJ DE 1984/11/08 IN RLJ ANO122 PAGS209 210. AC RP DE 1991/11/11 IN CJ ANOXVI T5 PAG184. AC RP DE 1978/06/01 IN CJ ANOIII T4 PAG860. AC RL DE 1982/02/05 IN CJ ANOVI T1 PAG170. AC RE DE 1983/10/20 IN CJ ANOVIII T4 PAG328. AC RC DE 1988/03/08 IN CJ ANOXIII T2 PAG55.
Sumário: I - No processo especialíssimo regulado no artigo 1407, nº 7 do Código de Processo Civil para a fixação de um regime provisório de alimentos ou de regulação do exercício do poder paternal não está o juiz condicionado, na fixação desses alimentos quer a favor do cônjuge, quer a favor dos filhos, à medida do " estritamente necessário " do artigo 388, nº 2 do Código de Processo Civil, devendo obediência tão só ao critério do " prudente arbítrio " definido no artigo 2007, nº 1 do Código Civil. II - Na fixação das reais possibilidades do devedor de alimentos, quando estas resultarem do exercício de profissão de rendimentos incertos e variáveis, pode e deve o julgador socorrer-se de regras de experiência que, com as mais provas, o conduzam à fixação de um rendimento mínimo normal naquela actividade profissional. III - Competirá ao devedor de...
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