Acórdão nº 088080 de Supremo Tribunal de Justiça (Portugal), 27 de Fevereiro de 1996 (caso NULL)
Magistrado Responsável | FERNANDES MAGALHÃES |
Data da Resolução | 27 de Fevereiro de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: A VARELA CJ ANOXX 1995 TIV PÁG11. A VARELA DIR FAM 1987 PÁG484. P LIMA A VARELA ANOT VOLIV PÁG568. P COELHO RFF COD CIV PÁG49.
Área Temática: DIR CIV - DIR FAM.
Legislação Nacional: CCIV66 ART494 ART496 N1 ART562 ART1672 ART1779 ART1792. CPC67 ART722 N2 ART729 N2.
Jurisprudência Nacional: AC STJ DE 1990/12/06 IN BMJ N402 PAG596. AC STJ DE 1982/12/07 IN BMJ N332 PAG360. AC STJ DE 1985/02/05 IN BMJ N344 PAG357. AC STJ DE 1985/03/15 IN BMJ N345 PAG414. AC STJ PROC86152 DE 1995/02/14.
Sumário : I - A declaração do cônjuge único ou principal culpado no decretamento do divórcio litigioso constitui questão de direito, susceptível de ser reapreciada pelo Supremo Tribunal de Justiça. II - E essa declaração está ligada à sua conduta censurável que dá causa ao divórcio e apura-se por um juízo de censura jurídica, tendo-se em conta a relevância dos factos cometidos em relação à crise do casal e à gravidade da ofensa concreta, perante as circunstâncias em que foram praticadas, sendo o que revela, o padrão comum de valores geralmente aceites na comunidade nacional, na época em que a questão é apreciada. III - Assim, há que concluir que o abandono do lar por parte da Ré teve plena justificação face ao comportamento revelado pelo Autor, que deixou de manifestar interesse e afeição por ela, não tendo esta qualquer comportamento violador dos seus deveres conjugais para com o Autor, tendo-lhe este imputado a apropriação de importâncias depositadas em bancos e de vários...
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