Acórdão nº 001900 de Supremo Tribunal de Justiça (Portugal), 22 de Abril de 1988 (caso NULL)
| Magistrado Responsável | MELO FRANCO |
| Data da Resolução | 22 de Abril de 1988 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: LCT69 ART38 N1. CCIV66 ART323 N1 ART326 ART327 N1 N3.
Jurisprudência Nacional: AC RL DE 1980/10/13 IN CJ ANO1980 T4 PAG161. AC STJ PROC175 DE 1981/03/20. AC STJ DE 1983/11/11 IN AD N266 PAG262. AC STJ DE 1986/04/24 IN BMJ N356 PAG238. AC RP DE 1980/06/23 IN CJ ANOV T3 PAG144. AC RL DE 1984/04/11 IN CJ ANOIX T2 PAG192. AC STJ PROC1612 DE 1987/11/27.
Sumário : I - Não obstante a ilegalidade de um despedimento sem justa causa, o prazo de prescrição, previsto no artigo 38 n. 1 da LCT de 1969, inicia-se no dia seguinte ao da cessação factual da relação laboral, abrangendo a prescrição não so os creditos pecuniarios (indemnização e prestações em divida) como o direito de credito a reintegração decorrente da nulidade do despedimento. II - O prazo de prescrição interrompe-se, ficando inutilizado o tempo decorrido anteriormente, nos casos indicados no artigo 326 n. 1 do Codigo Civil, começando a correr novo prazo a partir da data da cessação da eficacia do acto...
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