Acórdão nº 000917 de Supremo Tribunal Administrativo (Portugal), 03 de Maio de 1985 (caso None)
Magistrado Responsável | MIGUEL CAEIRO |
Data da Resolução | 03 de Maio de 1985 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - TEORIA GERAL. DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CCIV66 ART374 N1 ART376 N1. DL 781/76 DE 1976/10/28 ART2 N1 ART3 N1. DL 874/76 DE 1976/12/28 ART5 N3 ART6 ART13.
Sumário : I - A assinatura dum contrato a prazo pelo trabalhador há que, por força do disposto no artigo 374, n. 1 do Código Civil, considerá-la como verdadeira, se ela reconhecer a sua autoria. II - Relativamente ao início da prestação de trabalho na data dele constante, desde que a autoria do documento esteja reconhecida pela parte contra quem tenha sido apresentado, faz ele prova plena de tal facto, por força do disposto no artigo 376, n. 1 do mesmo Código. III - A caducidade desse contrato a prazo afere-se por essa data, nos termos do artigo 2, n. 1, do Decreto-Lei 781/76, de 28 de Outubro. IV - Tendo havido sucessivas renovações semestrais não excedentes a três anos, a entidade patronal exprime atempadamente a sua vontade de não renovação fazendo-o através de carta enviada ao trabalhador cerca de um mês e meio antes da data do termo da última renovação. V - A tempestividade da denúncia do...
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