Acórdão nº 001547 de Supremo Tribunal de Justiça (Portugal), 23 de Abril de 1987 (caso NULL)
| Magistrado Responsável | DIAS DA FONSECA |
| Data da Resolução | 23 de Abril de 1987 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB. DIR PROC TRAB.
Legislação Nacional: DL 372-A/75 DE 1975/07/16 ART11 N1. CPP29 ART99.
Jurisprudência Nacional: AC STJ DE 1985/09/22 IN BMJ N351 PAG263.
Sumário : I - Em processo disciplinar laboral, a intenção de despedir tem de ser claramente manifestada, de forma a alertar o arguido para que conscientemente se empenhe na resposta a nota de culpa. II - Enferma de nulidade insuprivel, por carencia de manifestação clara da intenção de despedir, o processo disciplinar em que apenas, no final da nota de culpa, se termina dizendo que o arguido e "passivel de aplicação de qualquer das sanções disciplinares" previstas na lei "incluindo a de despedimento com justa causa por integrar...
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