Acórdão nº 0098864 de Court of Appeal of Lisbon (Portugal), 22 de Março de 1995
| Magistrado Responsável | CUNHA E SILVA |
| Data da Resolução | 22 de Março de 1995 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: DL 64-A/89 DE 1989/02/27. DL 372-A/75 DE 1975/07/16 ART12 N2 N3. DL 421/83 DE 1983/12/03 ART6 N1.
Jurisprudência Nacional: AC STJ DE 1994/01/12 IN AD389 PAG613. AC STJ DE 1983/03/25 IN BMJ N325 PAG491.
Sumário: I - O conceito de justa causa de despedimento integra três elementos, sendo um de natureza subjectiva e dois de natureza objectiva. Isto é, necessário se torna, para a existência daquela, um comportamento culposo do trabalhador e, ainda, a impossibilidade de subsistência da relação laboral e um nexo de causalidade entre aquele comportamento e esta impossibilidade. II - Não agiu culposamente o Autor quando - no exercício das suas funções de Chefe Geral da Ré -, no dia 23 de Fevereiro de 1988, após o suicídio, por enforcamento, nas instalações da entidade patronal, do trabalhador Rogério Afonso, a quem tentou baldada e desesperadamente socorrer, e evidenciando um...
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