Acórdão nº 003872 de Supremo Tribunal de Justiça (Portugal), 23 de Fevereiro de 1994 (caso NULL)
| Magistrado Responsável | CHICHORRO RODRIGUES |
| Data da Resolução | 23 de Fevereiro de 1994 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - RECURSOS. DIR TRAB - CONTRAT INDIV TRAB. DIR CIV - DIR CONTRAT.
Legislação Nacional: CPC67 ART684 N3 ART722. DL 49408 DE 1969/11/24. CCIV66 ART1152 ART1154. LCT69 ART1.
Jurisprudência Nacional: AC STJ PROC3820 DE 1994/02/17.
Sumário : I - No contrato de trabalho, a tónica incide sobre a obrigação de um dos outorgantes se vincular face ao outro a uma actividade laboral enquanto que, no contrato de prestação de serviços o objecto específico consiste no resultado do trabalho. II - Como elemento para distinguir os dois contratos interessa a verificação ou não da subordinação jurídica do trabalhador face ao empregado no vínculo entre eles estabelecido. A afirmativa revela a existência dum contrato de trabalho. A negativa afasta a sua existência. III - A subordinação jurídica consiste na...
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