Acórdão nº 001908 de Supremo Tribunal de Justiça (Portugal), 21 de Outubro de 1988 (caso NULL)
| Magistrado Responsável | LICINIO CASEIRO |
| Data da Resolução | 21 de Outubro de 1988 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: CASTRO MENDES IN INTRODUÇÃO AO ESTUDO DO DIREITO PAG270.
Área Temática: DIR TRAB - ACID TRAB.
Legislação Nacional: DL 480/80 DE 1980/10/15 ART1 A ART4. L 2127 DE 1965/08/03 BII BXIX N2 BXXIII B BXLIII N2 BL. DL 440/79 DE 1979/11/06 ART1 N1 B. PORT 633/71 DE 1971/11/19.
Sumário : I - Atento o disposto na Base XXIII da Lei 2127, e infundada a pretensão de ver calculada a pensão com base na retribuição auferida pela vitima (menor de 18 anos) não podendo essa retribuição-base a atender ser inferior ao salario minimo nacional do sector em vigor, uma vez que nada se apurou quanto a existencia de outros trabalhadores ao serviço da mesma entidade patronal. II - Tendo a entidade patronal transferido obrigatoriamente a responsabilidade pela reparação prevista na Lei n. 2127 para a seguradora conforme se dispõe na primeira parte do n. 1 da Base XLIII da Lei n. 2127, por não se...
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