Acórdão nº 004273 de Supremo Tribunal de Justiça (Portugal), 15 de Novembro de 1995
Magistrado Responsável | ALMEIDA DEVEZA |
Data da Resolução | 15 de Novembro de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: M FERNANDES DIR TRAB 8ED VOLI PAG461. M CORDEIRO MAN DIR TRAB 1991 PAG822. L XAVIER CUR DIR TRAB1992 PAG488.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB / REG COL TRAB. DIR CIV - DIR OBG. DIR CONST - DIR FUND.
Legislação Nacional: DL 519-CI/79 DE 1979/12/29 ART7 N1 ART14 N2. DL 421/83 DE 1983/12/02 ART7. CCIV66 ART762 ART805 N1 N2 N3. CONST89 ART55 ART59 N1 A. CCT ENTRE A ANTRAM E O STRUN CLAUS74 N7 N8. LCT69 ART19 ART20 N1 D ART82. LCCT89 ART9 N1 N2 ART12 N5.
Jurisprudência Nacional: AC STJ DE 1992/04/02 IN BMJ N416 PAG485. AC STJ DE 1992/05/27 IN BMJ N117 PAG545. AC STJ DE 1994/04/13 IN CJSTJ ANOII TI PAG295. AC STJ DE 1994/12/14 IN CJSTJ N401 PAG600. AC STJ DE 1994/04/13. AC STJ DE 1990/10/31 IN BMJ N400 PAG519. AC STJ DE 1991/07/14 IN AD N360 PAG1421. AC STJ DE 1994/12/07 IN CJSTJ ANOII TIII PAG303.
Sumário : I - A justa causa de despedimento exige cumulativamente um comportamento culposo do trabalhador, impossibilidade da subsistência da relação do trabalho e nexo de causalidade entre esse comportamento e esta impossibilidade, sendo grave o comportamento em si mesmo e nas suas consequências, gravidade a aferir em critério de razoabilidade. II - Não constitui justa...
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