Acórdão nº 002058 de Supremo Tribunal Administrativo (Portugal), 30 de Março de 1989 (caso None)
Magistrado Responsável | LICINIO CASEIRO |
Data da Resolução | 30 de Março de 1989 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: JORGE LEITE IN CESSAÇÃO DO CONTRATO DE TRABALHO PAG170. RIBEIRO GUERRA E MORAIS ANTUNES IN DESPEDIMENTOS PAG152.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: DL 372-A/75 DE 1975/07/16 ART11 N2 ART12 N1.
Jurisprudência Nacional: AC STJ DE 1983/04/22 IN BMJ N326 PAG364. AC STJ DE 1985/12/06 IN BMJ N352 PAG262. AC STJ DE 1988/05/13 IN AD N328 PAG1162.
Sumário : I - O processo disciplinar constitui um pressuposto formal de validade do despedimento com justa causa, sendo, por isso, nula toda a decisão de despedimento que dele não tenha sido precedida. II - O principio da audiencia previa do arguido, fundamental no direito disciplinar, implica necessariamente a nulidade do processo, no caso de não ser respeitado. III - Tal principio não se esgota na não audição do trabalhador no processo, mas abrange igualmente, todos os casos em que se verifique ter sido posto em causa o principio do contraditorio, de modo a garantir-se o exercicio da defesa do trabalhador. IV - Se e certo que a produção de prova no processo disciplinar laboral não esta...
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