Acórdão nº 068531 de Supremo Tribunal de Justiça (Portugal), 15 de Outubro de 1980
Magistrado Responsável | CAMPOS COSTA |
Data da Resolução | 15 de Outubro de 1980 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR FAM / TEORIA GERAL. DIR CONST.
Legislação Nacional: DL 496/77 DE 1977/11/25 ART178. CCIV66 ART125 N1 B ART130 ART1817 N1 ART1854 N1 ART1873. CONST76 ART13 N1 ART36 N4.
Sumário : I - O artigo 178 do Decreto-Lei n. 496/77, de 25 de Novembro, não teve por finalidade por termo a uma inconstitucionalidade por omissão relacionada com o principio constitucional da igualdade dos cidadãos perante a lei e com a proibição de os filhos nascidos fora do matrimonio serem objecto de qualquer discriminação, tanto mais que se não considera inconstitucional a disposição que obriga os investigantes a recorrer a juizo durante a menoridade ou nos dois primeiros anos posteriores a maioridade ou emancipação (artigos 1817, n. 1, e 1873, do Codigo Civil). II - O dito artigo 178 explica-se por motivo de a maioridade ter descido dos 21 para os 18 anos (devido a redacção dada ao artigo 130 do Codigo Civil pelo Decreto-Lei n. 496/77), tendo-se nele consagrado explicitamente o regime de que os prazos...
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