Acórdão nº 084708 de Supremo Tribunal de Justiça (Portugal), 26 de Janeiro de 1994
Magistrado Responsável | PEREIRA CARDIGOS |
Data da Resolução | 26 de Janeiro de 1994 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - RECURSOS. DIR CONST - DIR FUND. DIR CIV - DIR FAM.
Legislação Nacional: CPC67 ART690 N1 ART722 N2 ART729 N2. CONST82 ART24 N1 ART25 N1 ART26 N1 ART34 N1 ART37 N1 ART41 N1 ART42 N1 ART43 N1 ART45 N1 ART46 N1 ART47 N1. CCIV66 ART1779 N1 N2.
Sumário : I - O dever de respeito não se confina aos direitos de personalidade e liberdade individuais de cada um dos cônjuges, constitucionalmente reconhecidos como direitos fundamentais - direito à vida, à integridade moral e física, à intimidade da vida privada, à inviolabilidade de correspondência, à liberdade de expressão e de informação, de consciência religiosa e de aprender e ensinar, de reunião e manifestação, de associação e de escolha de profissão. II - Na verdade a especificidade das relações que, por efeito do casamento, se estabelecem entre os cônjuges, mercê da unidade da família e da comunhão de vida que dela resulta, tem implicações não só da ordem material, mas também moral e psíquica e daí que aqueles direitos, bem como o seu exercício, sofram limitações, surgindo deveres que lhe não correspondem directamente, mas que se integram também no âmbito do respeito a que ambos os cônjuges estão reciprocamente...
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