Acórdão nº 003818 de Supremo Tribunal de Justiça (Portugal), 26 de Janeiro de 1995 (caso NULL)
Magistrado Responsável | CORREIA DE SOUSA |
Data da Resolução | 26 de Janeiro de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: ORDENADA A BAIXA DO PROCESSO. MANDADA AMPLIAR A MATÉRIA DE FACTO.
Indicações Eventuais: A REIS IN CPC ANOTADO VOLVI 1981 PÁG82.
Área Temática: DIR PROC CIV - RECURSOS. DIR TRAB - CONTRAT INDIVID TRAB.
Legislação Nacional: CPC67 ART729 N3 ART730 N1 N2. LCT69 ART9 N2 A ART12 N1 C N5. LCCT89 ART51 N1 A.
Jurisprudência Nacional: AC STJ DE 1979/12/06 IN BMJ N292 PáG320.
Sumário : I - Só haverá desobediência ilegítima, além do mais, se as ordens forem dadas por responsáveis hierarquicamente superiores, nos termos do artigo 9, n. 2, alínea a) da LCT. II - Tendo o recorrente alegado que o trabalho cuja execução lhe fora ordenada não fazia parte da sua categoria profissional, que esse trabalho, que consistiria em furar e cobrir um telhado de um barraco, era impossível de efectuar por ele recorrente, e que este era alvo de perseguição na empresa, estes factos são necessários para avaliar da...
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