Acórdão nº 003952 de Supremo Tribunal de Justiça (Portugal), 22 de Junho de 1994 (caso NULL)
Magistrado Responsável | DIAS SIMÃO |
Data da Resolução | 22 de Junho de 1994 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: P LIMA A VARELA ANOT VOLI 4ED PÁG272. V SERRA PRESC CADUC IN BMJ N106 PÁG190.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CCIV66 ART279 C E ART296 ART298 N1 N2 ART323 N1 N2. LCT69 ART38 N1. L 38/87 DE 1987/12/23 ART10. CPC67 ART228. CPC39 ART253. CPC61 ART253. DL 47690 DE 1967/05/11.
Jurisprudência Nacional: AC STJ DE 1987/03/13 IN BMJ N305 PAG506. AC STJ DE 1991/03/13 IN BMJ N365 PAG675. AC STJ PROC3509 DE 1992/11/04. AC STJ DE 1979/04/27 IN BMJ N286 PAG252. AC STJ DE 1980/07/08 IN BMJ N299 PAG294. AC STJ DE 1981/02/10 IN BMJ N304 PAG406. AC STJ DE 1981/12/10 IN BMJ N372 PAG281. AC STJ DE 1982/07/27 IN BMJ N319 PAG265.
Sumário : I - Todos os créditos resultantes do contrato de trabalho, sua violação ou cessação pertencentes ao trabalhador, extinguem-se por prescrição, decorrido um ano a partir do dia seguinte àquele em que cessou o contrato de trabalho - artigo 38, n. 1 da L.C.T. e 298, n. 2, do Código Civil. II - Ora, no caso dos autos o contrato de trabalho cessou em 31 de Agosto de 1991, iniciando-se o prazo no dia 1 de Setembro imediato, terminando no dia 1 de Setembro de 1992, às 24 horas - artigo 279, alínea c), do Código Civil - férias judiciais de Verão, pelo que o prazo terminava no primeiro dia útil, se a praticar em juízo o respectivo acto, 15 de Setembro. III - Porém, a citação só se...
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