Acórdão nº 0070871 de Supremo Tribunal Administrativo (Portugal), 22 de Junho de 1993 (caso None)
Magistrado Responsável | JOAQUIM DIAS |
Data da Resolução | 22 de Junho de 1993 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Indicações Eventuais: PEREIRA COELHO RLJ 122 PAG207.
Área Temática: DIR CIV - DIR FAM. DIR CONST - DIR FUND.
Legislação Nacional: PORT 580/83 DE 1983/05/17. PORT 100/84 DE 1984/08/02. RAU90 ART84 N2. CONST82 ART65.
Jurisprudência Nacional: AC STJ DE 1982/02/18 IN BMJ N314 PAG320. AC STJ DE 1987/04/02 IN BMJ N366 PAG502.
Sumário: I - O que a lei pretende é que, decretado o divórcio ou a separação judicial de pessoas e bens, a casa de morada da família, que estiver instalada em imóvel arrendado, possa ser utilizada pelo cônjuge ou ex-cônjuge a quem fôr mais justo atribui-la, sendo que é mais justo atribui-la ao cônjuge ou ex-cônjuge que dela mais necessitar (quer na perspectiva dos seus interesses individuais, quer na perspectiva do interesse da família residual de que esse cônjuge faz parte). II - Na avaliação dessa premência há que atender aos elementos enunciados no n. 2 do art. 84 do RAU, como doutamente decidiu, interpretando o texto anterior, o ac. do STJ de 18/02/82 (Bol. 314-320), não se estabelendo ali uma hierarquia de valores (ac. STJ de 27/07/84, Bol. 339-418, embora deva ser estabelecida sempre uma diferenciação hierárquica (ac. STJ de 2/04/84,Bol. 366-502). III - É manifesto que no art. 84 n. 2, do RAU, se traça o regime geral da atribuição da posição de arrendatário por divórcio ou separação judicial de pessoas e bens, nos contratos de arrendamento para habitação sujeitos ao regime comum do RAU, aplicável a casos especiais tão só quando...
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