Acórdão nº 001501 de Supremo Tribunal de Justiça (Portugal), 08 de Abril de 1987 (caso NULL)
| Magistrado Responsável | LICINIO CASEIRO |
| Data da Resolução | 08 de Abril de 1987 |
| 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: DL 781/76 DE 1976/10/20 ART1 N2 ART3 N2 ART4 N1 ART8 N2. CCIV66 ART342 N1. TGIS32 ART92.
Jurisprudência Nacional: AC STJ DE 1985/02/22 IN AD N282 PAG739. AC STJ DE 1984/11/09 IN BMJ N341 PAG297. AC RP DE 1982/02/01 CL VII PAG334. AC RP PROC16914 DE 1983/06/06. AC RP PROC4386 DE 1985/11/25. AC STJ PROC917 DE 1983/05/03.
Sumário : I - Imputando o recorrente a recorrida o cometimento do vicio motivador da nulidade prescrita na lei competia-lhe provar que quando pela primeira vez as partes contrataram, tinha sido intenção da recorrida defraudar a lei, na medida em que com o seu procedimento, encobria um contrato de trabalho sem prazo, com um contrato a prazo. II - Conforme jurisprudencia uniforme do Supremo Tribunal de Justiça - a intenção ou finalidade de iludir a lei, deve ser contemporanea da propria estipulação do prazo, e nada tem a...
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