Acórdão nº 9233-AE/1994.L1-8 de Court of Appeal of Lisbon (Portugal), 04 de Fevereiro de 2010
Magistrado Responsável | LUÍS CORREIA MENDONÇA |
Data da Resolução | 04 de Fevereiro de 2010 |
Emissor | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: AGRAVO Decisão: NEGADO PROVIMENTO Sumário: I. O princípio do dispositivo, de que o disposto no artigo 661.º, n.º1, do CC, é um corolário, aplica-se tão-só, no seu estrito rigor, à chamada jurisdição contenciosa, mas não à chamada jurisdição voluntária, em que se integram os processos destinados a providenciar alimentos a menores.
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O Tribunal de Menores territorialmente competente para os trâmites incidentais do processo de regulação do poder paternal, como o incumprimento das obrigações impostas ou acordadas, é o que proferiu a regulação incumprida, ainda que o menor tenha mudado a sua residência para a competência de outro tribunal ou ainda que o outro tribunal tenha ulteriormente passado a ser o competente no local onde o menor continua a residir.
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