Acórdão nº 002820 de Supremo Tribunal Administrativo (Portugal), 15 de Maio de 1991 (caso None)
Data | 15 Maio 1991 |
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.
Legislação Nacional: DL 372-A/75 DE 1975/07/16 ART10 N1 N2 ART11. CPC67 ART664. DL 41812 DE 1958/08/09 ART14. DL 422/89 DE 1989/12/02 ART88 A.
Jurisprudência Nacional: AC STJ DE 1980/07/23 IN AD N228 PAG1470. AC STJ DE 1985/02/22 IN AD N284 N285 PAG997. AC STJ DE 1986/07/04 IN AD N300 PAG1580. AC STJ DE 1982/08/02 IN AD N267 PAG395. AC STJ DE 1985/11/26 IN BMJ N351 PAG268. AC STJ PROC1792 DE 1988/02/22. AC STJ PROC1793 DE 1989/01/19. AC STJ IN AD N297 PAG378. AC STJ DE 1985/07/26 IN AD N290 PAG231. AC STJ DE 1987/07/17 IN AD N314 PAG284. AC STJ PROC828 DE 1984/11/07. AC STJ DE 1984/12/07 IN AD N278 PAG224. AC STJ DE 1985/03/01 IN AD N282 PAG743. AC STJ DE 1985/07/13 IN AD N287 PAG1302 Sumário : I - A nota de culpa deve conter a descrição das circunstancias de modo, tempo e lugar dos factos imputados ao arguido, verificando-se uma nulidade insuprivel se tal não suceder. II - Quando não obedeça a estes requisitos fundamentais o documento enviado como nota de culpa e se limite a afirmações vagas e referencias genericas ou a qualificação legal do comportamento, tem de entender-se que o trabalhador não foi colocado em condições de se defender. III - Não constitui nulidade insuprivel do processo disciplinar o facto de não se ter feito referencia na nota de culpa a violação do artigo 14 do Decreto-Lei n. 41812, o que veio a acontecer no acordão recorrido, porque a nota de culpa tem de conter a descrição fundamentada dos...
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