Acórdão nº 549/14.8TBLRA.C1 de Tribunal da Relação de Coimbra, 05 de Maio de 2015
Magistrado Responsável: | BARATEIRO MARTINS |
Data da Resolução: | 05 de Maio de 2015 |
Emissor: | Tribunal da Relação de Coimbra |
Acordam na 1.ª Secção Cível do Tribunal da Relação de Coimbra: I – Relatório O Magistrado do Ministério Público intentou a presente acção especial de interdição por anomalia psíquica contra A...
, residente na Rua (...) , Leiria.
Publicitada a acção e ainda antes de ter sido constatada a incapacidade do requerido para ser citado, foi proferido, em 22/01/2015, despacho no qual o tribunal (Juiz da Instância Local Cível da Comarca de Leiria) julgou verificada a sua incompetência, por entender ser, quanto à matéria, o pleito da competência do respectivo Tribunal de Família e Menores.
Inconformado com tal decisão, interpôs o Ministério Público recurso de apelação, visando a sua revogação e a sua substituição por decisão que declare competente, em razão da matéria, a Instância Local Cível de Leiria, onde os ulteriores termos do processo devem prosseguir.
Terminou a sua alegação com as seguintes conclusões: 1. - Os presentes autos versam sobre a decisão do Mm. Juiz a quo, de se declarar incompetente, em razão da matéria, para julgar a presente acção de interdição, por entender que a mesma, face ao disposto no art. 122.º da Lei 62/2013, de 26 de Agosto, mais concretamente, da alínea g), é da competência do Tribunal de Família e Menores.
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- No sentido social, entende-se estado civil como a existência e condições da existência do indivíduo perante a lei civil (solteiro, casado, viúvo ou divorciado), o que em nada está relacionado com as situações julgadas e decididas nas acções de interdição ou seja, situações de incapacidade para o governo da sua pessoa e dos seus bens.
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- O facto das acções de interdição serem objecto de registo, nos termos do disposto no art. 1º do Código de Registo Civil, não implica que estas assumam natureza de acção de estado civil, uma vez que no art. 1º do Código de Registo Civil encontram-se elencados vários factos, cujo registo, não obstante ser obrigatório, v.g., declaração de insolvência, em nada estão relacionados com o “estado civil das pessoas”.
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- As acções de interdição não versam sobre o estado civil das pessoas, propriamente dito, mas sim sobre uma situação pessoal que afecta a capacidade de exercício de direitos do indivíduo.
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- O instituto da interdição e da inabilitação encontram-se reguladas na lei substantiva no Livro I (parte geral), Título II (das Relações Jurídicas), Subtítulo I (das pessoas), Secção V (incapacidades), subsecção I e II, a par com a maioridade e emancipação (subsecção I e II), releva...
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