Acórdão nº 98S130 de Supremo Tribunal de Justiça (Portugal), 27 de Maio de 1998 (caso NULL)
Magistrado Responsável | ALMEIDA DEVEZA |
Data da Resolução | 27 de Maio 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: DL 64-A/89 DE 1989/02/27 ART9 N1 ART12 N5. CCIV66 ART762.
Jurisprudência Nacional: AC STJ DE 1990/10/31 IN BMJ N400 PAG519. AC STJ DE 1991/07/03 IN AD N360 PAG421. AC STJ DE 1994/12/07 IN CJSTJ ANOII TIII PAG303. AC STJ DE 1995/10/11 IN CJSTJ ANOII TIII PAG277.
Sumário : I - Segundo o n. 1 do artigo 9 do Regime Jurídico da Cessação do Contrato Individual de Trabalho e da Celebração e Caducidade do Contrato de Trabalho a Termo aprovado pelo Decreto-Lei 64-A/89 de 27 de Fevereiro, a existência de justa causa de despedimento exige a verificação cumulativa dos seguintes requisitos: 1) Um, de natureza subjectiva, traduzido num comportamento culposo do trabalhador. 2) Outro, de natureza objectiva, que se traduz na impossibilidade de subsistência da relação de trabalho. 3) Existência de nexo de causalidade entre aquele comportamento e esta impossibilidade de subsistência da relação laboral. II - Somente se poderá concluir pela existência de justa causa comparando-se a diferença dos interesses contrários das partes quando, em concreto, e tendo em conta os factos praticados pelo trabalhador, seja exigível ao empregador o respeito pelas garantias da estabilidade do vínculo laboral. III - A...
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