Acórdão nº 078013 de Supremo Tribunal Administrativo (Portugal), 24 de Janeiro de 1990 (caso None)
Magistrado Responsável | CABRAL DE ANDRADE |
Data da Resolução | 24 de Janeiro de 1990 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR CIV - DIR FAM.
Legislação Nacional: CCIV66 ART178 N2 ART1672 ART1673 N2 ART1675 N2 N3 ART1779 N1 N2 ART1787 N1. CPC67 ART712.
Jurisprudência Nacional: AC STJ DE 1984/12/20 IN BMJ N342 PAG399. AC STJ DE 1986/10/02 IN BMJ N360 PAG514.
Sumário : I - Ao Supremo Tribunal de Justiça, como tribunal de revista que e apenas compete aplicar o regime juridico aos factos provados pelas instancias. II - Constituem factos ofensivos da integridade moral dos conjuges quaisquer palavras ou actos de um deles que ofendam a honra do outro ou a sua reputação e consideração social, o seu brio e amor proprio, a sua sensibilidade ou susceptibilidade pessoal, bastando, para haver violação daqueles deveres, a consciencia por parte do conjuge de que com o seu procedimento ofende ou pode ofender a dignidade do outro conjuge. III - Para que uma ofensa seja relevante como violação do dever geral de respeito e possa fundamentar a dissolução do casamento e preciso que a violação seja culposa- resultante de dolo, ou ao menos de dolo eventual - isto e, sera indispensavel que tenha sido intencional ou pelo menos consciente, e que se tenha revestido de...
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