Acórdão nº 9140748 de Court of Appeal of Porto (Portugal), 18 de Dezembro de 1991
Magistrado Responsável | VAZ DOS SANTOS |
Data da Resolução | 18 de Dezembro de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: REJEITADO O RECURSO.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE. DIR PROC PENAL.
Legislação Nacional: OTM78 ART190. CPP87 ART286 N1 ART287 N2 ART290 N1 ART291 N1 ART292 N1 ART399 ART420 N1 N4. CPC67 ART671 ART673 ART674 ART675 ART677 ART771 ART778.
Sumário: I - Tendo o arguido, acusado como autor do crime do artigo 190 da Organização Tutelar de Menores, requerido a abertura da instrução, alegando que a sentença que o reconheceu pai do menor enferma de erro judiciário, pretendendo, por isso, que sejam feitos exames hematológicos para se determinar se ele é ou não o pai biológico e possibilitar a revisão da sentença, o recurso do despacho que indeferiu esse exame é de rejeitar por ser manifestamente improcedente. II - É que, firmado por sentença transitada em julgado o reconhecimento judicial da paternidade, a respectiva decisão torna-se imodificável, impondo-se aos tribunais, a qualquer outra autoridade, às partes e até em relação a terceiros quando a acção tiver sido proposta contra todos os interessados directos e tenha havido oposição. III - A decisão com trânsito em julgado só...
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