Acórdão nº 003475 de Supremo Tribunal Administrativo (Portugal), 07 de Outubro de 1992 (caso None)
Data | 07 Outubro 1992 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB. DIR PROC TRAB.
Legislação Nacional: CPT81 ART72 N1. CPC67 ART26 N1 N2 ART668 N3. LCT69 ART20 N1 A. DL 372-A/75 DE 1975/07/16 ART10 N1 N2 I ART11 N10. CP82 ART165. CONST82 ART53.
Jurisprudência Nacional: AC STJ DE 1984/06/01 IN AD N275 PAG1334. AC STJ DE 1984/06/08 IN AD N274 PAG1205. AC STJ DE 1984/06/08 IN BMJ N338 PAG283. AC STJ DE 1984/06/29 IN AD N276 PAG1490. AC STJ DE 1981/11/17 IN AD N240 PAG1532. AC STJ DE 1988/03/23 IN AD N323 PAG1143. AC STJ PROC1972 DE 1988/11/25.
Sumário : I - Nos termos do n. 1 do artigo 72 do Código do Processo de Trabalho a nulidade do acórdão recorrido com fundamento em omissão de pronúncia tem de ser arguida no requerimento de interposição do recurso, sendo intempestiva a sua arguição nas alegações do recurso. II - Para que haja nulidade do processo disciplinar por recusa da junção ao processo de documentos apresentados com a defesa do arguido, deve alegar-se o que resulta de útil, para a averiguação da verdade, do conteúdo de tais documentos. III - Para que se verifique justa causa de despedimento prevista no n. 2 do artigo 10, alínea i) do Decreto- -Lei n. 372-A/75, introduzido pelo Decreto-Lei n. 841-C/76 e que veio a ser inserida pela Lei n. 48/77, devemos estar perante a prática de ofensas subsumíveis aos crimes de injúrias e difamação, não sendo exigível um "animus" específico, bastando o...
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