Acórdão nº 621/20 de Tribunal Constitucional, 11 de Novembro de 2020
Magistrado Responsável: | Cons. Fernando Vaz Ventura |
Data da Resolução: | 11 de Novembro de 2020 |
Emissor: | Tribunal Constitucional |
ACÓRDÃO N.º 621/2020
Processo n.º 528/2020
2.ª Secção
Relator: Conselheiro Fernando Ventura
Acordam, em conferência, na 2.ª secção do Tribunal Constitucional
I. Relatório
1. Notificado da Decisão Sumária n.º 482/2020, que decidiu não julgar inconstitucional a norma do n.º 1 do artigo 1817.º do Código Civil, na redação da Lei n.º 14/2009, no sentido 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, negando provimento ao recurso, dela veio o recorrente A. apresentar reclamação para a Conferência, ao abrigo do n.º 3 do artigo 78.-A da LTC.
2. Releva, para melhor compreensão do recurso, que o aqui recorrente interpôs ação de investigação da paternidade contra B., peticionando que seja reconhecida e declarada a paternidade biológica por parte do réu. Na 1.ª instância foi julgada procedente a exceção perentória de caducidade do direito do autor, por se mostrar decorrido o prazo de 10 anos previsto no n.º 1 do artigo 1817.º, aplicável por remissão do artigo 1873.º, ambos do Código Civil, para a propositura da ação de investigação de paternidade e, consequentemente, foi o réu absolvido do pedido. Inconformado, o autor apresentou recurso de apelação, o qual foi julgado improcedente por acórdão proferido pelo Tribunal da Relação de Coimbra. Dessa decisão veio o autor recorrer para o STJ, no qual veio a ser admitida a revista excecional, com fundamento na alínea b) do n.º 1 do artigo 672.º do CPC. Através do acórdão recorrido, o STJ decidiu negar provimento ao recurso e confirmar o acórdão recorrido.
3. Ainda inconformado, veio o autor interpor o presente recurso para o Tribunal Constitucional, ao abrigo da alínea b) do n.º 1 do artigo 70.º da LTC, para apreciação da inconstitucionalidade da «norma do art. 1817.º do CC, interpretada no sentido de impor prazos de caducidade para investigação da paternidade, por violação do direito ao conhecimento da ascendência biológica, e direitos previstos nos arts. 26.º, 18.º e 36.º da Constituição da República Portuguesa».
4. Admitido o recurso e subidos os autos, neste Tribunal foi proferida a decisão sumária reclamada. Depois de delimitar o objeto do recurso à norma do n.º 1 do artigo 1817.º do Código Civil, no sentido em que, aplicando-se às ações de...
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