Decisões Sumárias nº 693/13 de Tribunal Constitucional (Port, 25 de Novembro de 2013
Magistrado Responsável | Cons. Maria João Antunes |
Data da Resolução | 25 de Novembro de 2013 |
Emissor | Tribunal Constitucional (Port |
DECISÃO SUMÁRIA Nº 693/13
Processo n.º 1188/13
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Secção
Relatora: Conselheira Maria João Antunes
Decisão sumária
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Nos presentes autos, vindos do Tribunal da Comarca da Maia, em que é recorrente o Ministério Público e recorrido A., foi interposto o presente recurso ao abrigo da alínea a) do n.º 1 do artigo 70.º da Lei da Organização, Funcionamento e Processo do Tribunal Constitucional (LTC), da decisão daquele Tribunal de 11 de abril de 2013.
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Pela decisão recorrida, o tribunal recusou a aplicação «do disposto no Artº 1871.º, nº 1, do Código Civil, por violação das disposições conjugadas dos Artºs. 16º, nº 1, 26º, nº 1 e 18º, nº 2, da Constituição da República Portuguesa».
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A questão de constitucionalidade posta pelo recorrente já foi apreciada e decidida por este Tribunal no Acórdão n.º 401/2011 (disponível em www.tribunalconstitucional.pt), mediante o qual se decidiu «não julgar inconstitucional a norma do artigo 1817.º, n.º 1, do Código Civil, na redação da Lei n.º 14/2009, de 1 de Abril, na parte em que, aplicando-se às ações de investigação de paternidade, por força do artigo 1873.º, do mesmo Código, prevê um prazo de dez anos para a propositura da ação, contado da maioridade ou emancipação do investigante».
É este o entendimento que agora se...
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