Acórdão nº 96S064 de Supremo Tribunal de Justiça (Portugal), 20 de Junho de 1996
Magistrado Responsável | LOUREIRO PIPA |
Data da Resolução | 20 de Junho de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: A VARELA E OUTROS IN MANUAL DE PROC CIVIL PAG290 2ED. M ANDRADE IN NOÇÕES ELEMENTARES DE PROC CIVIL PAG128.
Área Temática: DIR CIV - TEORIA GERAL. DIR PROC CIV. DIR PROC TRAB. DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CPC67 ART487 N1 ART490 N1 ART505. CCIV66 ART240 N2 ART241 N1. CPT81 ART58 N1. LCT69 ART15 N1 N3 ART17 N1.
Sumário : I - As questões que se discutem são as de saber se a Ré se defendeu por excepção ao arguir a nulidade, por simulação, do contrato de trabalho invocado pelo Autor e quais os efeitos de tal nulidade, no caso de se ter por verificada. II - Impõe-se, pois, decidir se a matéria de facto alegada na contestação como integrando simulação constitui defesa por impugnação ou defesa por excepção. III - É manifesto que no caso dos autos a Ré se defende por impugnação mas também por excepção. E a defesa por esta via é a que invoca a questão do contrato de trabalho simulado. IV - Constitui a simulação uma excepção peremptória, pois se inscreve nos factos impeditivos do direito invocado pelo Autor. V - Deviam os factos integradores de tal excepção ter sido impugnados pelo Autor em resposta à contestação, nos termos do artigo 58, n. 1 do Código de Processo de Trabalho. Não o tendo feito, têm os referidos factos de se considerar admitidos por acordo, nos termos dos artigos 490, n. 1 e 505 do Código do Processo Civil, devendo, em consequência considerar-se nulo por simulação o contrato de trabalho invocado pelo Autor, de harmonia com o preceituado no artigo...
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