Acórdão (extrato) n.º 89/2019
| Data de publicação | 27 Março 2019 |
| Seção | Parte D - Tribunais e Ministério Público |
| Órgão | Tribunal Constitucional |
Acórdão (extrato) n.º 89/2019
Processo n.º 1391/17
III. Decisão
Termos em que se decide:
a) Não julgar inconstitucionais as normas dos artigos 1838.º, 1839.º, n.º 1, e 1841.º do CC, na interpretação segundo a qual o pretenso progenitor não tem legitimidade ex novo para afastar a presunção do marido da mãe e obter o reconhecimento da sua paternidade, só podendo intervir processualmente através do Ministério Público e depois de previamente reconhecida a viabilidade do pedido.
b) Negar, em consequência, provimento ao recurso.
Custas pelo recorrente, fixando-se a taxa de justiça em 25 unidades de conta.
Lisboa, 6 de fevereiro de 2019. - João Pedro Caupers - José Teles Pereira - Maria de Fátima Mata-Mouros - Claudio Monteiro (vencido, conforme declaração de voto junta) - Manuel da Costa Andrade.
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