Acórdão nº 001899 de Supremo Tribunal de Justiça (Portugal), 07 de Outubro de 1988 (caso NULL)
Magistrado Responsável | GAMA VIEIRA |
Data da Resolução | 07 de Outubro de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: P DE LIMA A VARELA IN CCIV ANOTADO VI PAG217. MANUEL DE ANDRADE IN DAS OBRIGAÇÕES EM GERAL VI PAG498.
Área Temática: DIR CIV - TEORIA GERAL. DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CCIV66 ART218 ART334. DL 372-A/75 DE 1975/07/16 ART12 N1 N2 N3.
Sumário : I - E necessario, para que se verifique abuso de direito, previsto no artigo 334 do Codigo Civil, que o seu titular, embora observando a estrutura formal do poder que a lei lhe confere, exceda manifestamente os limites que deve observar atendendo aos interesses que legitimam a concessão desse poder, que exerça o direito em termos clamorosamente ofensivos da justiça. II - Se a entidade patronal reconheceu em carta dirigida a uma trabalhadora a nulidade do seu despedimento anteriormente decretado, concedendo-lhe um prazo de 5 dias uteis para dizer se optava pela reintegração ou pela indemnização de antiguidade, sem prejuizo do direito a todas as remunerações desde a data do despedimento ate ao momento em que formulasse a sua opção, não constitui abuso de direito o facto de a mesma trabalhadora, não respondendo aquela carta no dito prazo, ter vindo posteriormente a este, fundada na nulidade do falado despedimento, pedir a condenação da entidade patronal em...
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