Acórdão nº 98S204 de Supremo Tribunal de Justiça (Portugal), 28 de Outubro de 1998
Magistrado Responsável | PADRÃO GONÇALVES |
Data da Resolução | 28 de Outubro de 1998 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: PORT 470/90 DE 1990/06/23.
Jurisprudência Nacional: AC STJ PROC247/96 DE 1996/10/09. AC STJ PROC53/97 DE 1997/02/11. AC STJ PROC252/97 DE 1997/03/03. AC STJ PROC172/98 DE 1998/09/23. AC STJ PROC200/98 DE 1998/10/07.
Sumário : I - A prestação pecuniária atribuída pela Portaria 470/90 tem natureza pensionística, não gozando de autonomia em relação à pensão que não pode deixar de ser referida ao ano civil, determinando, por isso, o seu recebimento um correspondente aumento do valor da pensão a cargo da Segurança Social. II - Assim, verifica-se a hipótese prevista no artigo 13 do E.U.P. (Estatuto Unificado do Pessoal - da E.D.P.) - aumento na pensão concedida pelas instituições oficiais de previdência - o que, nos termos dessa disposição, determina a diminuição no complemento atribuído pela empresa ré, de quantia igual ao aumento verificado, de modo a que se mantenha invariável o total recebido pelo trabalhador. III - Sempre que haja um aumento da pensão anual global a cargo das instituições oficiais de previdência, o complemento da pensão da reforma devido pela E.D.P. sofrera, pois, uma diminuição de...
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