Acórdão nº 003110 de Supremo Tribunal de Justiça (Portugal), 29 de Janeiro de 1992 (caso NULL)
Magistrado Responsável | JAIME DE OLIVEIRA |
Data da Resolução | 29 de Janeiro de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: MARCELLO CAETANO MANUAL DIREITO ADM 9ED PAG25.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CPC67 ART661 N2. CONST82 ART59 D ART202 C. LCT69 ART8 ART19 ART45 N1 ART46 N1 ART49. DL 409/71 DE 1971/09/27 ART1 N2 ART5 ART6 N2 B ART11 N1 N2 ART16. DL 381/72 DE 1972/10/09 ART1 ART13 N1 N2 N3 ART14. DL 421/83 DE 1983/12/02 ART2 N1. DL 15361 DE 1928/04/03. AE IN BTE N3 DE 1981/01/22 CLAUS27 CLAUS89.
Jurisprudência Nacional: AC STJ PROC3159 DE 1991/12/11.
Sumário : I - No trabalho, acentuadamente intermitente, os intervalos entre as prestações intermitentes, combinados com o horario previsto, devem permitir o exercicio do direito ao repouso e ao lazer diario, reconhecido a qualquer trabalhador. II - Um horario que obrigue o trabalhador a permanecer num local determinado 24 horas/dia, mesmo que um trabalho acentuadamente intermitente, permitindo o repouso do trabalhador, e inconstitucional, por não respeitar o direito ao lazer. III - O decreto ou regulamento corresponde a função executiva, não podendo ser "contra legem". IV - Quando o n. 2 do artigo 1 do Decreto-Lei n. 409/71, de 27 de Setembro, autoriza a publicação de decreto-regulamentar para proceder as...
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