Acórdão nº 0004914 de Supremo Tribunal Administrativo (Portugal), 05 de Junho de 1996
Magistrado Responsável | CARLOS HORTA |
Data da Resolução | 05 de Junho de 1996 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CPC67 ART467 N1 C D ART501 N1. LCCT89 ART35 N1 B. LCT69 ART22 N1 N2.
Sumário: I - A reconvenção deve ser deduzida discriminadamente na contestação, expondo-se os fundamentos e concluindo-se pelo pedido. II - Embora incorporada na contestação, a reconvenção não deixa de ser o articulado em que o Réu formula um pedido contra o Autor e, como tal, uma petição inicial, que há-de satisfazer aos requisitos formais dessa peça jurídica, com natural exclusão dos elementos que já constam dos autos, como a designação do tribunal e a identificação das partes. III - O termo "discriminadamente" empregado pelo n. 1 do artigo 501 do Código de Processo Civil, serve para impor a obrigação, ao reconvinte, de distinguir, na exposição, a matéria reconvencional da matéria da defesa directa ou indirecta. A infracção desta regra constitui nulidade...
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