Acórdão nº 002994 de Supremo Tribunal de Justiça (Portugal), 24 de Abril de 1991 (caso NULL)
Magistrado Responsável | PRAZERES PAIS |
Data da Resolução | 24 de Abril de 1991 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: DL 372-A/75 DE 1975/07/16 ART4 E ART25 N1 A C D F. CCIV66 ART217 N1 ART224 ART236 N1. DL 49408 DE 1969/11/24 ART19 ART22 ART32.
Jurisprudência Nacional: AC STJ DE 1964/07/03 IN BMJ N139 PAG305. AC STJ DE 1988/07/08 IN AD N324 PAG1589. AC STJ DE 1987/07/28 IN AD N314 PAG287. AC STJ DE 1989/11/29 IN AD N339 PAG425. AC STJ PROC1792 DE 1989/02/22. AC STJ PROC193 DE 1989/01/19.
Sumário : I - A carta em que o Autor apresenta a Re certos comportamentos desta, como a suspensão disciplinar do Autor sem que isso se justificasse e que culminou no processo disciplinar com uma sanção abusiva, com violação do preceituado nas alineas c), d) e f) do n. 1 do artigo 25 do Decreto-Lei n. 372-A/75, que constitui justa causa de rescisão do contrato de trabalho, traduzindo-se numa inequivoca impossibilidade pratica de manutenção da relação de trabalho, finalizando a mesma carta o Autor por dizer que tem direito a perceber determinada quantia correspondente a certos anos de serviço, a qual corresponde a indemnização pela rescisão com justa causa, tem de considerar-se do teor dessa carta e tendo em conta, nos termos do artigo 236 n. 1 do Codigo Civil, um declaratario normal, que o Autor manifestou a intenção de rescindir o contrato. II - Não tendo sido indicada naquela carta a data da rescisão do contrato, dada a natureza recepticia da declaração contida na...
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