Acórdão nº 9311303 de Court of Appeal of Porto (Portugal), 18 de Abril de 1994
Magistrado Responsável | REIS FIGUEIRA |
Data da Resolução | 18 de Abril de 1994 |
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. DIR PROC PENAL.
Legislação Nacional: CPC67 ART600 ART601 N2 ART609 ART336 N1 ART337 N1 N2 ART339. CP82 ART202 N1 ART208 N3. CPP29 ART154. CCIV66 ART1747 ART1769 ART1796 N2. DL 387-C/87 DE 1987/12/29.
Jurisprudência Nacional: ASS STJ DE 1983/06/21 IN DR IS 1983/08/27. AC STJ DE 1991/10/31 IN CJ T4 ANOXVI PAG51.
Sumário: I - Tendo, no âmbito de uma acção de investigação de paternidade, sido realizado um exame hemático pelo Instituto de Medicina Legal e sendo este um estabelecimento oficial, não é lícito requerer-se novo exame da mesma natureza. II - O Decreto-Lei n. 387-C/87 retirou aos Conselhos Médicos Legais as funções ou competências de revisão de exames. III - Podendo, embora, o assistente intervir numa acção em qualquer estado do processo, contudo só lhe é permitido praticar os actos processuais que, desde o momento da intervenção, seria lícito ao assistido praticar. Só pode produzir provas em complemento das oferecidas pelo assistido e dentro dos limites de tempo e número para o assistido fixados. IV - Os novos Código Penal ( de 1982 ) e Código de Processo Penal ( de 1987 ), não contêm disposições relativas aos efeitos...
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