Acórdão nº 486/2002.L1-2 de Court of Appeal of Lisbon (Portugal), 01 de Março de 2010
Data | 01 Março 2010 |
Órgão | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: APELAÇÃO Decisão: CONFIRMADA A DECISÃO Sumário: 1. Extrai-se do artigo 1801º do Código Civil o princípio da liberdade de prova, pelo que, no âmbito do processo de investigação da filiação é, não só admissível, como até, sempre que possível, exigível, a realização de testes de ADN, podendo o juiz, ao abrigo do disposto no nº 3 do artigo 265º do CPC, ordenar, oficiosamente, a realização de testes de ADN, por virtude dos amplos poderes instrutórios do julgador, o que pode ser determinado até ao encerramento da produção de prova.
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No caso específico dos processos de investigação de filiação, a colaboração exigível impõe que a parte – o pretenso pai – ou terceiros que apresentem com aquele uma afinidade genética, nomeadamente os pretensos avós do investigante, realizem os testes de ADN.
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A restrição dos direitos dos visados, quer à liberdade, quer à integridade física, decorrente da realização de um teste de ADN, sempre se terá...
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