Acórdão nº 004007 de Supremo Tribunal de Justiça (Portugal), 11 de Outubro de 1994 (caso NULL)
| Magistrado Responsável | DIAS SIMÃO |
| Data da Resolução | 11 de Outubro de 1994 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: R ALARCÃO CONFIRMAÇÃO NEG ANUL 1971 PAG76. F MARTINS RDES 1989 N3/4 PAG517. L XAVIER CURSO DIR TRAB 1992 PAG538.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: DL 372-A/75 DE 1975/07/16 ART12 N1. DL 64-A/89 DE 1989/02/27 ART12 ART13. CCIV66 ART289 N1. LCT69 ART19 B ART21 N1 C ART93.
Jurisprudência Nacional: AC STJ DE 1993/02/03 CJ ANOI VOLI PAG243.
Sumário : I - A declaração de invalidade do despedimento tem eficácia retroactiva, opera "ex tunc", tudo se passando como se a relação laboral jamais tivesse sido interrompida, pelo que as partes devem ser colocadas na posição em que estariam se não houvesse ocorrido o despedimento, "em ordem a que, na medida do possível, a situação seja reposta "in pristinum" - no "statu quo ante". II - Portanto, a condenação...
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