Acórdão nº 002210 de Supremo Tribunal Administrativo (Portugal), 30 de Janeiro de 1989 (caso None)
Magistrado Responsável | LICINIO CASEIRO |
Data da Resolução | 30 de Janeiro de 1989 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: J LEITE CESSAÇÃO DO CONTRATO TRAB PAG178. J A MESQUITA DIR DE TRAB SUPL AO BMJ 1979 PAG264. R GUERRA E M ANTUNES DESPEDIMENTOS PAG152.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB. DIR CONST - DIR FUND.
Legislação Nacional: DL 372-A/75 DE 1975/07/16 ART11 ART12 N1.
Jurisprudência Nacional: AC STJ DE 1983/01/28 IN AD N256 PAG551. AC STJ DE 1983/03/22 IN AD N260 PAG1108. AC STJ DE 1984/04/10 IN AD N271 PAG932. AC STJ DE 1984/05/11 IN AD N272 PAG1067. AC STJ DE 1984/10/30 IN AD N277 PAG116. AC STJ DE 1985/12/06 IN AD N290 PAG243. AC STJ DE 1987/04/08 IN AD N312 PAG1609. AC STJ DE 1983/04/22 IN BMJ N326 PAG364.
Sumário : I - Considera-se nulidade do processo disciplinar a falta de inquição de testemunhas de defesa indicadas pelo arguido, ou a falta de outros meios de prova por ele requeridos, não cabendo ao instrutor do processo omitir diligências de prova por lhe parecerem inúteis, antes de tais provas serem produzidas, integrando esta nulidade a falta de audiência do arguido. II - O processo disciplinar constitui um pressuposto formal de validade do despedimento com justa causa. III - É nula toda a decisão de despedimento que não tenha sido precedida de processo disciplinar, cuja nulidade determina a nulidade do despedimento. IV - O princípio básico fundamental que domina o processo disciplinar é o princípio da audiência do arguido. V -...
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