Acórdão nº 003931 de Supremo Tribunal de Justiça (Portugal), 22 de Junho de 1994 (caso NULL)
Data | 22 Junho 1994 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: M CORDEIRO MANUAL PÁG845. M ANDRADE TEOR GER OBG 3ED PÁG348.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CCIV66 ART342 N1 ART496 N1. DL 49408 DE 1969/11/24 ART88 N2. LCT69 ART89. CPT81 ART72 ART85 N1.
Jurisprudência Nacional: AC STJ DE 1993/12/09 IN CJ ANOI TIII PAG174.
Sumário : I - Os danos não patrimoniais podem ser objecto de ressarcimento, no domínio do Código Civil, na esfera do direito dos contratos. II - Nos termos do artigo 496 n. 1 do Código Civil, tais danos para merecerem tutela do direito, carecem de assumir "gravidade", cabendo ao tribunal, em cada caso concreto pesar essa gravidade e medir-lhe a relevância, com objectividade. III - No caso dos autos, a falta de pagamento das gratificações relativas aos anos de 1970, 1971 e 1972, poderia justificar a indemnização por danos não patrimoniais, se integrasse a previsão da parte final do n. 2 do artigo 88 do Decreto-Lei 49408, de 24 de Novembro de 1969, quando diz que há gratificações que "... pela sua importância e carácter regular e permanente, devem, segundo a um, considerar-se como elemento integrante da remuneração daquele.", mas aqui...
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