Acórdão nº 003771 de Supremo Tribunal Administrativo (Portugal), 08 de Março de 1995 (caso None)
Magistrado Responsável | CORREIA DE SOUSA |
Data da Resolução | 08 de Março de 1995 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA. AGRAVO.
Decisão: NEGADA A REVISTA. CONCEDIDA A REVISTA. PROVIDO.
Indicações Eventuais: MOTA VEIGA IN LIÇÕES DE DIR TRAB PAG599 5ED PAG481. M FERNANDES IN DIR TRAB VOLI PAG470 8ED.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB. DIR CIV - TEORIA GERAL / DIR OBG. DIR PROC CIV - RECURSOS.
Legislação Nacional: LCT69 ART31 N1 N2 ART82 ART87 ART89. DL 841-C/76 DE 1974/12/07 ART11 N2 C I J N10. CPC67 ART273 N2 ART456 N2 ART660 N2 ART710 N1 N2 ART722 N2 ART726 ART729 N2 N3 ART749 ART752 ART762. DL 372-A/75 DE 1975/07/16 ART9 N1 ART10 N1 N2 ART11 N1 ART12 N1 N6. L 48/77 DE 1977/07/11 ARTÚNICO. CCIV66 ART280 ART292 ART294 ART295 ART342 N1 N2 ART829-A N1. DL 874-A/76 DE 1976/12/28 ART6. DL 262/83 DE 1983/06/12. CCIV66 ART293 ART344 N2. LCCT89 ART3 N1 ART11.
Jurisprudência Nacional: AC STJ DE 1991/04/10 IN BMJ N406 PAG442. AC STJ DE 1993/02/25 IN CJSTJ ANOI TI PAG262. AC STJ DE 1988/01/29 IN AD N316 PAG697. AC STJ DE 1979/11/29 IN AD N271 PAG134.
Sumário : I - Há dois factores decisivos na determinação da verificação ou não da caducidade do procedimento disciplinar: - a data do conhecimento, pela entidade patronal, da infracção, e a data do início do procedimento disciplinar. II - Tendo a comunicação por carta da suspensão preventiva ocorrido em 2 de Setembro de 1987 e tendo a entidade patronal tido conhecimento dos factos em 31 de Julho de 1987, verifica-se que não foi exercido o prazo contemplado no citado artigo 31 da LCT, pelo que o procedimento disciplinar não caducou. III - O conceito de...
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