Acórdão nº 002420 de Supremo Tribunal de Justiça (Portugal), 28 de Novembro de 1990 (caso NULL)
Magistrado Responsável | PRAZERES PAIS |
Data da Resolução | 28 de Novembro de 1990 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV. DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CPC67 ART153 ART471 ART660 N1 ART661 N2 ART668 N1 D ART684 N3 B C E ART712 ART716 ART732. DL 372-A/75 DE 1975/07/16 ART4 C ART9 ART10 N1 N2 G ART12 N1 N5. DL 874/76 DE 1976/12/29 ART22 N1 ART23 N1 A B C D E N3 ART25 N1 N3 ART27 N1 A. CONST89 ART53. DL 841-C/76 DE 1976/12/07. CCIV66 ART342 N2 ART487 N2. DL 64-A/89 DE 1989/02/27 ART2 ART3.
Jurisprudência Nacional: AC STJ DE 1963/04/24 IN BMJ N126 PAG348. AC STJ DE 1974/05/14 IN BMJ N237 PAG132. AC STJ DE 1974/03/15 IN BMJ N235 PAG152. AC STJ DE 1966/04/29 IN BMJ N156 PAG345. AC STJ DE 1970/04/10 IN BMJ N196 PAG252. AC STJ DE 1972/03/23 IN BMJ N218 PAG239. AC STJ DE 1977/10/20 IN BMJ N270 PAG229. AC STJ PROC1792 DE 1988/02/22.
Sumário : I - A falta de motivação da sentença e a total omissão dos fundamentos de facto ou dos de direito em que assenta a decisão. II - A sanção aplicavel pela formulação indevida de pedido generico e a da nulidade simples, que tem de se considerar sanada. III - Não ha contradição entre a sentença que julgou as faltas ao serviço como justificadas e o acordão que julgou em sentido contrario, desde que ambas as decisões se fundamentem na prova e, assim, concluam, vindo...
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