Acórdão nº 068593 de Supremo Tribunal de Justiça (Portugal), 19 de Março de 1980 (caso NULL)
Magistrado Responsável | AQUILINO RIBEIRO |
Data da Resolução | 19 de Março de 1980 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Indicações Eventuais: FERRARA IN INTERPRETAÇÃO E APLICAÇÃO DAS LEIS.
Área Temática: DIR PROC CIV. DIR CIV - DIR FAM / TEORIA GERAL.
Legislação Nacional: L 39/78 DE 1978/07/05 ART5 N1 A D F. CCIV66 ART10 N3 ART11 ART1839 N1 ART1841 N4 ART1842 ART1865 N5 ART1870. DL 44278 DE 1962/04/14 ART185 N1 E. DL 314/78 DE 1978/10/27 ART10 N1. CPC67 ART474 N1 B ART475 N4. CONST76 ART69 N1. EJ73 ART185 N1 E.
Sumário : I - Não inserindo a Lei Organica do Ministerio Publico (aprovada pela Lei n. 39/78, de 5 de Julho), no seu artigo 5, n. 1, alineas a) e d) - que traduz explanação do seu artigo 3, n. 1, alinea a) - disposição generica com o alcance do artigo 185, n. 1, alinea e), do antigo Estatuto Judiciario (redacção do Decreto-Lei n. 414/73, de 21 de Agosto), segundo a qual, era facultado ao Ministerio Publico intentar acções em defesa dos interesses dos incapazes, dando-se prevalencia a sua atitude sobre o respectivo representante legal, não se pode com isso pretender que aquela lei reduziu assim a area da competencia do Ministerio Publico, uma vez que dificilmente se concebe essa restrição no nosso sistema juridico estruturado pela Constituição da Republica que, em sectores como o da infancia revela decisiva intervenção do Estado (artigo 69, n. 1), sendo antes de admitir que o legislador na referida norma do artigo 5 da Lei Organica disse menos do que queria (dixit minus quam voluit). II - Alias que este texto tem algo a menos evidencia-o a competencia que, no dominio das providencias especificas a favor dos menores, artigo 10, n. 1, do Decreto-Lei n...
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