Acórdão nº 001910 de Supremo Tribunal de Justiça (Portugal), 20 de Setembro de 1988 (caso NULL)
Data | 20 Setembro 1988 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR TRAB - ACID TRAB.
Legislação Nacional: L 2127 DE 1965/08/03 BVI N1 A B C D.
Jurisprudência Nacional: AC STJ DE 1985/11/26 IN BMJ N351 PAG268. AC STJ DE 1987/01/30 IN BMJ N363 PAG378. AC STJ PROC1825 DE 1988/03/03.
Sumário : I - De harmonia com a Base VI, n. 1, alinea b), da Lei n. 2127, de 3 de Agosto de 1965, não ha direito a reparação pelo acidente de trabalho que provier exclusivamente de falta grave e indesculpavel da vitima. II - Para que exista causa de descaracterização do acidente e indispensavel a verificação cumulativa dos seguintes requisitos: a) que ele derive apenas de falta da vitima. b) e que essa falta seja grave e indesculpavel. III - O preceito aludido, ao estabelecer que a falta da vitima deve ser grave e indesculpavel, visou, naturalmente, acentuar o elevado grau de responsabilidade e censurabilidade do comportamento objectivador dessa falta. IV - O Supremo Tribunal de Justiça vem considerando que a falta grave em questão deve consistir num comportamento temerario, inutil e indesculpavel, reprovado por um elementar sentido de prudencia, não bastando os actos de mera negligencia ou imprevidencia. Assim: V - No quadro conjuntural do caso tratado pelo acordão, não...
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