Acórdão nº 0120781 de Tribunal da Relação do Porto, 20 de Novembro de 2001
Magistrado Responsável: | MANSO RAÍNHO |
Data da Resolução: | 20 de Novembro de 2001 |
Emissor: | Tribunal da Relação do Porto |
Acordam em conferência na Secção Cível da Relação do Porto: Pelo Tribunal de Família e Menores de..... correu processo de regulação do exercício do poder paternal relativamente aos menores Emanuela..... e Abílio Filipe......
Os respectivos progenitores, Libania..... e José....., chegaram a acordo quanto a esse exercício, acordo que foi judicialmente homologado.
O pai dos menores ficou vinculado a pagar a cada um deles a quantia mensal de 15.000$00 a título de alimentos, a actualizar.
Considerando que o pai dos menores não cumpriu esta obrigação e dado que a mãe não apresentava capacidade económica, o Ministério Público requereu, ao abrigo do disposto no artº 3º, nº 1 da Lei nº 75/98 e dos artºs 3º e 4º do DL nº 164/99, que se impusesse ao Fundo de Garantia dos Alimentos Devidos a Menores a obrigação de suportar os alimentos aos menores.
Este pedido veio a ser deferido, tendo o Mmº juiz fixado em 15.750$00 para cada um dos menores a quantia a pagar pelo Instituto de Gestão Financeira da Segurança Social (IGFSS), a actualizar. Porém, mais decidiu que a obrigação de pagar os alimentos se mantinha para lá da menoridade dos alimentandos, se verificados os requisitos do artº 1880º do Código Civil.
Contra o decidido relativamente a este último particular interpôs o IGFSS o presente recurso.
Da respectiva alegação extrai as seguintes conclusões: 1. A Lei nº 75/98 e o DL nº 164/99 que a veio regulamentar, constituem lei especial, que prefere ao artº 1880º do CC, que constitui lei geral.
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Esta disposição da lei civil não pode aplicar-se às situações de pagamento a cargo do Fundo de Garantia de Alimentos Devidos a Menores, quando os destinatários daquele Fundo atingem a maioridade.
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Tal aplicação contrariava frontalmente o espírito e a letra da Lei nº 75/98 e do DL nº 164/99.
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Os citados diplomas referem sempre de forma expressa a sua aplicação a menores - v. artºs 1º e 2º da Lei nº 75/98 e artºs 1º e 2º do DL nº 164/99.
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Assim sendo, o pagamento das prestações é feito às pessoas a cuja guarda aqueles se encontram.
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Aliás, o preâmbulo do DL nº 164/99 menciona a sua aplicação às crianças e jovens até aos 18 anos de idade, nos termos de recomendações do Conselho da Europa no sentido da protecção social àquele extracto populacional, mais desprotegido e carente.
** O Ministério Público respondeu ao recurso, concluindo pela respectiva procedência.
O Mmº juiz sustentou a sua decisão.
** Corridos os vistos, cumpre apreciar e decidir.
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