Acórdão nº 004082 de Supremo Tribunal de Justiça (Portugal), 27 de Setembro de 1995 (caso NULL)
Magistrado Responsável | CORREIA DE SOUSA |
Data da Resolução | 27 de Setembro de 1995 |
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 874/76 DE 1976/12/28 ART2 N2 ART3 N1 ART6 N1. CPC67 ART722 N2 ART729 N2. L 17/86 DE 1986/06/14 ART3 N1 ART6 N1. DL 372-A/75 DE 1975/07/16 ART25 N2. DL 64-A/89 DE 1989/02/27 ART35 ART36. CCIV66 ART9 N1.
Jurisprudência Nacional: AC STJ DE 1993/01/13 IN CJ 1993 T1 PAG220. AC STJ DE 1994/01/12 IN AD N389 PAG601. AC RE DE 1991/12/03 IN CJ 1991 T5 PAG267. AC RC DE 1991/01/24 IN CJ 1991 T1 PAG107. AC RC DE 1991/05/02 IN CJ 1991 T3 PAG111.
Sumário : I - Quer do Decreto-Lei 372-A/75 e respectivas alterações, quer do Decreto-Lei 64-A/89, ressalta o princípio de que a rescisão do contrato de trabalho pelo trabalhador com justa causa só dá direito a indemnização se tiver havido um comportamento culposo da entidade patronal (artigo 25 n. 2, do primeiro, e artigos 35 e 36 do segundo dos diplomas citados). II - Assim, para haver justa causa com direito a indemnização, segundo a Lei dos Despedimentos, terão de se verificar cumulativamente: o facto material que serve de fundamento à rescisão; a culpa da entidade patronal e ainda que o comportamento da entidade...
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