Acórdão nº 96S121 de Supremo Tribunal Administrativo (Portugal), 19 de Fevereiro de 1997 (caso None)
Magistrado Responsável | LOUREIRO PIPA |
Data da Resolução | 19 de Fevereiro de 1997 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB. DIR CIV - DIR OBG.
Legislação Nacional: DL 64-A/89 DE 1989/02/27 ART9 ART10 ART12 N4. DL 372-A/75 DE 1975/07/16 ART10 N2 C D J ART12 N3 N5 N6 ART20. CCIV66 ART805 N1 N3.
Jurisprudência Nacional: AC RE DE 1979/11/20 IN CJ ANOIV TV PAG1566. AC RL DE 1982/11/15 IN CJ ANOVII TV PAG182. AC STJ DE 1988/05/20 IN BMJ N377 PAG396. AC STJ PROC275 DE 1982/06/09. AC STA DE 1977/03/31 IN AD N190 PAG876.
Sumário : I - A justa causa de despedimento é o comportamento culposo do trabalhador que, pela sua gravidade e consequências, torna imediata e praticamente impossível a relação de trabalho. Impõe, por isso, que a conduta do trabalhador, além de dever ser-lhe imputada a título de culpa, seja de tal modo grave que não possa exigir-se à entidade patronal a manutenção do vínculo laboral. A culpa e a gravidade do comportamento do trabalhador hão-de ser avaliados segundo o entendimento de um bom pai de família, à luz de critérios de...
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