Acórdão nº 001193 de Supremo Tribunal Administrativo (Portugal), 15 de Novembro de 1985 (caso None)
Magistrado Responsável | CORREIA DE PAIVA |
Data da Resolução | 15 de Novembro de 1985 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: A REIS CPC ANOTADO VII PAG82.
Área Temática: DIR PROC CIV - RECURSOS. DIR PROC TRAB.
Legislação Nacional: CPC67 ART668 N1 B C D ART722 N2 ART729. DL 372-A/75 DE 1975/07/16 ART25 B C D E F.
Jurisprudência Nacional: AC STJ DE 1980/03/26 IN AD N221 PAG653.
Sumário : I - A nulidade do artigo 668, n. 1, aline b) do Codigo de Processo Civil, so se verifica e e operante quando ha falta absoluta dos fundamentos de facto e de direito em que assenta a decisão. Não ocorre tal nulidade quando o tribunal não tenha apreciado especificadamente todas as razões invocadas pelas partes ou quando seja simplesmente deficiente, errada ou incompleta a fundamentação. II - São coisas diferentes a errada aplicação da lei e a nulidade resultante de oposição entre os fundamentos e a decisão. III - Em acção emergente de contrato individual de trabalho, proposta por um...
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