Acórdão nº 97S034 de Supremo Tribunal de Justiça (Portugal), 25 de Junho de 1997
Magistrado Responsável | ALMEIDA DEVEZA |
Data da Resolução | 25 de Junho de 1997 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA. NEGADA A REVISTA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CCIV66 ART762 ART805 N3. LCT69 ART106 N3. DL 64-A/89 DE 1989/02/27 ART3 N3 ART10 N9 ART13 N3 ART82 N2. DL 372-A/75 DE 1975/07/16 ART12 N2.
Jurisprudência Nacional: AC STJ DE 1990/10/31 IN BMJ N400 PAG519. AC STJ DE 1994/12/07 IN CJSTJ ANOII TIII PAG303. AC STJ DE 1995/10/11 IN CJSTJ ANOII TIII PAG277. AC STJ DE 1994/02/09 IN AD N390 PAG778. AC STJ DE 1984/11/22 IN BMJ N341 PAG378. AS STJ DE 1986/12/10 IN BMJ N360 PAG443. AC STJ DE 1993/03/05 IN BMJ N415 PAG380.
Sumário : I - A justa causa de despedimento resulta do comportamento culposo do trabalhador, que seja grave no entendimento de um bom pai de família ou de um empregador em face do caso concreto e segundo critérios de objectividade e de razoabilidade, e ainda de a ruptura da relação laboral ser irremediável por nenhuma outra sanção ser suscpetível de sanar a crise contratual. II - Na decisão...
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