Acórdão nº 003499 de Supremo Tribunal Administrativo (Portugal), 13 de Janeiro de 1993 (caso None)
Magistrado Responsável | RAMOS DOS SANTOS |
Data da Resolução | 13 de Janeiro de 1993 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB. DIR PROC CIV - RECURSOS.
Legislação Nacional: CPC67 ART676 N1 ART729 N1 N2. LCT69 ART21 A ART22 N1. CCIV66 ART12.
Jurisprudência Nacional: 0C STJ DE 1978/01/09 IN BMJ N273 PAG211. AC STJ DE 1988/02/02 IN BTE 2S N1-2-3 DE 1990 PAG1038.
Sumário : I - A decisão da 2 instância, quanto à matéria de facto, não pode, por princípio, ser alterada pelo Supremo Tribunal de Justiça (artigo 729 ns. 1 e 2 do Código de Processo Civil). II - Do mesmo modo, o Supremo Tribunal de Justiça tem de acatar todas as ilações e conclusões que dos factos a Relação tire e sejam consequência lógica dos mesmos. III - A qualificação ou categoria profissional de um trabalhador não é a denominação que lhe foi atribuída mas a que resulta das tarefas que executa ou das funções efectivamente exercidas. IV - Quando a entidade patronal atribui ao trabalhador uma categoria não institucionalizada...
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