Acórdão nº 002076 de Supremo Tribunal Administrativo (Portugal), 24 de Maio de 1989 (caso None)
Magistrado Responsável | LICINIO CASEIRO |
Data da Resolução | 24 de Maio de 1989 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: G CANOTILHO E V MOREIRA CRP ANOTADA 1984 VOLI PAG291. J LEITE CESSAÇÃO DO CONTRAT TRAB PAG170. M FERNANDES 1987 VOLI PAG286.
Área Temática: DIR CONST - DIR FUND. DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CONST82 ART18 N1 ART53. DL 372-A/75 DE 1975/07/16 ART9 N3 ART11 N1 N2 ART12 N1 N2 N3. DL 409/71 DE 1971/09/27 ART16 ART17 ART18 ART19 ART20 ART21 ART22. DL 421/83 DE 1983/12/02. LCT69 ART46 N2.
Jurisprudência Nacional: AC STJ DE 1983/04/22 IN BMJ N226 PAG364. AC STJ DE 1985/12/06 IN BMJ N352 PAG262. AC RP DE 1983/12/09 IN CJ ANOVIII T5 PAG95. AC STA DE 1956/04/17 IN AD.
Sumário : I - O processo disciplinar constitui um pressuposto formal de validade do despedimento com justa causa, sob pena de nulidade deste. II - O processo disciplinar, na medida em que pode eclodir no despedimento do trabalhador, põe em causa o direito fundamental de segurança no emprego estabelecido pelo artigo 53 da Constituição da República, inscrito nos direitos, liberdades e garantias dos trabalhadores. III - A Lei dos Despedimentos - Decreto-Lei 372-A/75, de 16 de Julho, na mira de tutela subjectiva desse direito fundamnetal, estabeleceu a necessidade desse processo a instaurar pela entidade patronal ao trabalhador. IV - O princípio básico e fundamental que...
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