Acórdão nº 001421 de Supremo Tribunal de Justiça (Portugal), 17 de Outubro de 1986 (caso NULL)
Magistrado Responsável | LICINIO CASEIRO |
Data da Resolução | 17 de Outubro de 1986 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: A REIS PROC ORDINÁRIO 2ED PAG240. B SANTOS A SIMULAÇÃO EM DIR CIV V2 PAG14. A REIS CPC ANOTADO VI 3ED PAG21.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB / DIR SIND. DIR PROC CIV. DIR CIV - TEORIA GERAL.
Legislação Nacional: L 68/79 DE 1979/10/09 ART1 N1 N2. DL 372-A/75 DE 1975/07/16 ART10 N1 N2 G ART11. CPC39 ART4 N2 A. DL 215-B/75 DE 1975/04/30 ART22 N1 N3. DL 874/76 DE 1976/12/28 ART23 N2 C ART26 N2 A ART31. L 48/77 DE 1977/07/11. DL 49408 DE 1969/11/24. CCIV66 ART7 N3. L 46/79 DE 1979/09/12 ART20 N9. LCT69.
Referências Internacionais: CONV 135 DA OIT ART5.
Jurisprudência Nacional: AC STJ DE 1983/12/16 IN BMJ N332 PAG397. AC STA DE 1978/02/14 IN BTE N2 DE 1978/03/03 PAG495. AC STA DE 1978/05/23 IN AD N204 PAG1543. AC STA DE 1978/06/06 IN AD N207 PAG404.
Sumário : I - A Lei n. 68/79 de 9 de Outubro, não é meramente complementar do regime geral de despedimentos dado que traduz uma significativa restrição ou limitação ao poder disciplinar da entidade patronal: - a de que a entidade patronal não pode ela, verificado que seja certo condicionalismo, decidir unilateralmente o despedimento de representantes dos trabalhadores, que só pode ter lugar por meio de acção judicial. II - Quis o legislador, com a criação do citado diploma, prevenir de modo particular o risco de despedimento abusivo dos trabalhadores dirigentes sindicais, concedendo-lhes uma protecção especial contra essa eventualidade. III - Em qualquer das situações e por...
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