Acórdão nº 073002 de Supremo Tribunal de Justiça (Portugal), 21 de Novembro de 1985
Magistrado Responsável | FREDERICO BAPTISTA |
Data da Resolução | 21 de Novembro de 1985 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR FAM. DIR PROC CIV. DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CPC67 ART646 N3 ART660 N2 ART664 ART722 N2 ART729. CCIV66 ART70 ART130 ART498 N1 N3 ART1577 ART1671 ART1672 ART1674 ART1871 C ART2003 ART2004 ART2009 ART2020. DL 469/77 DE 1977/11/25. CP886 ART125 N3.
Sumário : I - A Constituição da Republica Portuguesa - artigo 36 n. 1 - apenas quis reconhecer aos cidadãos o direito de constituirem familia independentemente do casamento, atribuindo a "união de facto" alguns efeitos juridicos, sem equiparar as duas figuras juridicas. II - A consagração pontual de determinados efeitos juridicos da "união de facto" não pode ser aceite como afloramento de um principio geral na nossa ordem juridica, reconhecido por uma norma hierarquica superior, de equiparação de "união de facto" ao casamento. III - O legislador, muito cautelosamente, tem vindo a estender a "união de facto" alguns efeitos juridicos que se situam, porem, somente no ambito da assistencia social, direito a alimentos e garantia de habitação. IV - Dado o principio da liberdade sexual, e de excluir qualquer hipotese de indemnização em consequencia das relações de copula posteriores a data em que a autora atingiu a maioridade, pois as mesmas não se reconduzem a qualquer infracção...
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