Acórdão nº 087688 de Supremo Tribunal de Justiça (Portugal), 27 de Junho de 1996 (caso NULL)
Magistrado Responsável | MARIO CANCELA |
Data da Resolução | 27 de Junho de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA. CONCEDIDA A REVISTA.
Indicações Eventuais: V SERRA BMJ N74 PAG156.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CCIV66 ART224 ART232. DL 372-A/75 DE 1975/07/16 ART84 N1 B. DL 138/85 DE 1985/05/30. CPC67 ART690 N1 N2.
Jurisprudência Nacional: AC STJ PROC2417 DE 1992/12/16.
Sumário : I - No direito do trabalho teve-se especial cuidado em proteger o trabalhador, que é a parte mais desfavorecida por se encontrar numa relação de subordinação relativamente à sua entidade patronal. II - Desaparecido, por qualquer motivo, o vínculo de subordinação deixa de haver obstáculo à renúncia pelo trabalhador do direito a qualquer retribuição que lhe seja devida. III - A extinção decretada face à situação factual da Companhia Nacional de Navegação, descrita no preâmbulo do Decreto- -Lei 138/85, de 3 de Maio, acarretava a cessação da existência da pessoa jurídica titular do contrato de trabalho, levando de imediato ao desaparecimento dos órgãos sociais da empresa, cuja personalidade se manteve apenas para efeitos de liquidação dos bens sociais. IV - Daí que, após a extinção da entidade patronal, CNN, tenha ocorrido a impossibilidade superveniente absoluta e...
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