Acórdão nº 98S025 de Supremo Tribunal de Justiça (Portugal), 28 de Outubro de 1998 (caso NULL)
Magistrado Responsável | DINIZ NUNES |
Data da Resolução | 28 de Outubro de 1998 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CPC95 ART668 N1 D. CPT81 ART72 N1. LCCT89 ART9 N1 ART12 N5 ART34 N1 N2 N3 ART35 N1 N2 N4.
Jurisprudência Nacional: AC STJ DE 1983/01/07 IN BMJ N323 PAG266. AC STJ DE 1995/02/08 IN AD N422 PAG743.
Sumário : I - No processo laboral, as nulidades devem obrigatoriamente ser arguidas no requerimento de interposição do recurso, mesmo em caso de recurso de revista, sob pena de não se poder conhecer delas. II - Embora o n. 1 do artigo 34 da LCCT não defina o que deve entender-se por "justa causa" para o efeito de o trabalhador poder fazer cessar imediatamente o contrato, não poderá deixar de ter inteira aplicação o conceito de justa causa formulado no n. 1 do artigo 9 do mesmo diploma legal: deverá tratar-se de um comportamento culposo da entidade empregadora que, pela sua gravidade e consequências, torne imediata e praticamente impossível a subsistência da relação de trabalho. III - Não há justa causa para a rescisão do contrato pelo trabalhador, quando a entidade empregadora não diminui ou desclassifica este na sua categoria profissional. IV - Mas já haverá justa causa quando o trabalhador fica incumbido de tarefas diferentes e qualitativamente inferiores às que respeitavam a sua categoria profissional, pois que o facto...
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