Acórdão nº 003317 de Supremo Tribunal de Justiça (Portugal), 19 de Março de 1992
Magistrado Responsável | CASTELO PAULO |
Data da Resolução | 19 de Março de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB. DIR CONST - DIR FUND.
Legislação Nacional: DL 409/71 DE 1971/09/27 ART1 N2 ART5 ART6 N2 B ART11 N1 N2. LCT69 ART19 C D ART45 N1 ART46 N1 ART49. CONST82 ART59 N1 D ART202 C. DL 381/72 DE 1972/10/09 ART1 ART13 ART14 ART27. DL 421/83 DE 1983/12/02 ART2 N1. CPC67 ART661 N2.
Jurisprudência Nacional: AC STJ PROC3159 DE 1991/12/11. AC STJ PROC3110 DE 1992/01/29. AC STJ PROC3196 DE 1992/02/12.
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 por dia, mesmo que em 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 "conta legem". IV - Quando o n. 2 do artigo 1 do Decreto-Lei n. 409/71, de 27 de Setembro, autoriza a publicação do decreto regulamentar para proceder as adaptações do regime nele...
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