Acórdão nº 002139 de Supremo Tribunal Administrativo (Portugal), 22 de Junho de 1989 (caso None)
| Data | 22 Junho 1989 |
| Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: M FERNANDES IN DIREITO DO TRABALHO PAG480.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB. DIR PROC CIV - RECURSOS.
Legislação Nacional: DL 40/77 DE 1977/01/29 ART2 N1-N10. DL 372-A/75 DE 1975/07/16 ART12 N2. DL 84/76 DE 1976/01/28. RCR 286/80 IN DR IS DE 1980/08/19. LCT69 ART38 N1. CCIV66 ART217 N1 ART302 N2 ART397 ART402. CPC67 ART721 ART722 ART729. CPT81 ART85 N1.
Jurisprudência Nacional: ASS STJ DE 1985/02/13 IN BMJ N344 PAG183.
Sumário : I - Sobre o afastamento compulsivo do trabalhador ou saneamento selvagem, dispõe o Decreto-Lei n. 40/77, de 29 de Janeiro, no artigo 2, n. 1 e n. 2 que se têm por juridicamente inexistentes os afastamentos de trabalhadores das respectivas empresas ocorridos entre 25 Abril de 1974 e 25 de Abril de 1976, desde que não tenham sido observadas as disposições à data do afastamento sobre a resolução do contrato de trabalho ou tenham ocorrido por motivos políticos ou ideológicos. II - Como efeito da inexistência jurídica do seu afastamento compulsivo, o trabalhador tem direito à sua reintegração no respectivo cargo ou posto de trabalho, com a antiguidade e categoria que lhe pertenciam, e às prestações pecuniárias vencidas e vincendas desde a data da sentença, caso haja recorrido ao tribunal, ou até à data da reintegração, na hipótese desta ter sido efectuada voluntariamente pelo empregador. III - É irrelevante para o início da contagem do prazo prescricional a que se refere o n. 1 do artigo 38 da LCT (Decreto-Lei n. 372-A/75, de 16 de Julho) a data da ocorrência do saneamento do trabalhador. IV - A doutrina do Assento do Supremo Tribunal de Justiça de 13 de Fevereiro de 1985 não se aplica quando o...
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