Acórdão nº 074605 de Supremo Tribunal de Justiça (Portugal), 25 de Fevereiro de 1987
Data | 25 Fevereiro 1987 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: CIT ALBERTO DOS REIS CPC ANOI VV PAG140. ANSELMO DE CASTRO DIR PROC CIV DECLARATORIO VIII PAG141. PEREIRA COELHO RLJ ANO114 PAG183.
Área Temática: DIR CIV - DIR FAM. DIR PROC CIV.
Legislação Nacional: CCIV66 ART366 ART1787 N1. CPC67 ART712 N1 A ART729 N3 ART730 N1.
Jurisprudência Nacional: AC STJ DE 1966/02/25 IN RT ANO84 PAG156. AC STJ DE 1980/07/04 IN BMJ N299 PAG354. ASS STJ DE 1944/07/28 IN DG IS 1944/08/22 - IN BOL OF ANOIV PAG387.
Sumário : I - A declaração sobre a culpabilidade dos conjuges no divorcio deve basear-se em factos provados e não em conjecturas e exprimir o resultado de um juizo geral sobre a crise matrimonial quanto a saber se o divorcio e imputavel a ambos os conjuges ou exclusivamente a um deles. Para tanto e irrelevante a relação de causalidade que interceda entre a culpa de um dos reus conjuges e a do outro, mas, se houver culpa dos dois, e muito importante saber qual deles iniciou o processo que conduziu a ruptura da sociedade conjugal. II - Um escrito, de ordem literaria, da autoria de um dos conjuges, ainda que por ele não assinado, em que o seu autor se imagina a copular com uma personagem desse escrito que não o seu conjuge, comete uma infidelidade matrimonial de ordem moral. III - O facto referido no item II e a cessação pelo autor do escrito de partilhar o mesmo quarto e de ter relações sexuais com o seu conjuge são factos de muito menor gravidade do que os praticados por este ultimo, consistentes na declaração de...
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