Acórdão nº 003525 de Supremo Tribunal Administrativo (Portugal), 14 de Abril de 1993 (caso None)
| Magistrado Responsável | DIAS SIMÃO |
| Data da Resolução | 14 de Abril de 1993 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: VAZ SERRA IN RLJ ANO112 PAG203. GALVÃO TELES IN BMJ N83 PAG165. MONTEIRO FERNANDES IN DIREITO DO TRABALHO VI 8ED PAG104.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB. DIR CIV - TEORIA GERAL / DIR CONTRAT.
Legislação Nacional: LCT69 ART1. CCIV66 ART342 N1 ART1152 ART1154.
Jurisprudência Nacional: AC STJ DE 1989/06/22 IN BMJ N388 PAG332. AC STJ DE 1991/03/06 IN AD N354 PAG813. AC STJ DE 1991/05/08 IN AD N365 PAG678. AC STJ DE 1991/10/02 IN AD N368/369 PAG1023.
Sumário : I - O único critério incontroversamente diferenciador entre o contrato de trabalho e o contrato de prestação de serviços reside na subordinação jurídica, típica do contrato de trabalho, o qual implica uma posição de supremacia do empregador e uma correlativa posição de subordinação do trabalhador. II - A autonomia da subordinação é que permite...
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