Acórdão nº 97S112 de Supremo Tribunal de Justiça (Portugal), 17 de Dezembro de 1997 (caso NULL)
| Magistrado Responsável | SOUSA LAMAS |
| Data da Resolução | 17 de Dezembro de 1997 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR TRAB - ACID TRAB.
Legislação Nacional: L 2127 DE 1965/08/03 BVI N1 A B. DL 360/71 DE 1971/08/21.
Sumário : I - A violação injustificada das condições de segurança estabelecidas pela entidade patronal pressupõe, necessariamente, a demonstração pela entidade patronal da ocorrência cumulativa dos seguintes elementos: a) a existência de condições de segurança estabelecidas pela entidade patronal; b) a prática de algum acto ou omissão violadora dessas condições; c) que o acto ou omissão seja voluntário e sem causa que o justifique; d) relação de causalidade entre o acto ou omissão e o acidente. II - A violação sem causa justificativa das condições de segurança exigidas pela natureza particular do trabalho só poderá prejudicar o direito à reparação do...
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