Acórdão nº 001842 de Supremo Tribunal de Justiça (Portugal), 23 de Março de 1988 (caso NULL)
Magistrado Responsável | GAMA VIEIRA |
Data da Resolução | 23 de Março de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC TRAB. DIR PROC CIV - RECURSOS.
Legislação Nacional: CPT81 ART30 ART31. CPC67 ART722 N1 N2.
Jurisprudência Nacional: AC STJ PROC1378 DE 1986/07/04.
Sumário : I - A cumulação imposta pelo artigo 30 do Código de Processo de Trabalho não se verifica: - se os pedidos não forem processualmente compatíveis, o tribunal não for para eles competente em razão da matéria ou a espécie de processo que lhes corresponda não seja a mesma; - se o pedido que se pretende fazer valer separadamente resultar de um delito definitivamente julgado, de acidente de trabalho ou de doença profissional; - se o juiz considerar justificada a sua não cumulação com os pedidos. II - Nos termos do artigo 31 do mesmo Código a cumulação sucessiva de pedidos é livre, desde que se verifique que o tribunal seja para todos competente em razão da matéria e que a todos os pedidos corresponda a mesma forma de processo, não impedindo o aditamento a diferença que provier unicamente de forma, quando o pedido resultar de factos subsequentes à propositura da acção. III - Quando os factos de que resulta são anteriores à propositura da acção, a cumulação sucessiva é possível, se...
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