Acórdão nº 074790 de Supremo Tribunal de Justiça (Portugal), 28 de Abril de 1987
| Magistrado Responsável | GAMA PRAZERES |
| Data da Resolução | 28 de Abril de 1987 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - DIR FAM.
Legislação Nacional: CPC67 ART516 ART639 ART712 N1 N2 ART722 N2 ART729 N2.
Jurisprudência Nacional: ASS STJ DE 1978/07/25 IN BMJ N279 PAG79. AC STJ DE 1973/02/27 IN BMJ N226 PAG197. AC STJ DE 1974/12/20 IN BMJ N242 PAG286.
Sumário : I - O erro na apreciação dos factos materiais da causa não pode ser objecto do recurso de revista. II - O Supremo Tribunal de Justiça, conhecendo de direito, tem necessariamente de se reportar aos factos dados como provados. III - A averiguação da filiação biologica constitui materia de facto da exclusiva competencia das instancias. IV - A faculdade do n. 2 do artigo 712 do Codigo de Processo Civil e da competencia exclusiva da Relação. V - Todavia, o Supremo Tribunal de Justiça pode exercer censura sobre o modo como a Relação usou dessa faculdade, pois pode faze-lo com violação da lei, o que...
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