Acórdão nº 000898 de Supremo Tribunal Administrativo (Portugal), 17 de Janeiro de 1985 (caso None)
Data | 17 Janeiro 1985 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: JOSÉ AUGUSTO CRUZ CARVALHO IN ACID TRAB E DOENÇAS PROF 1983 PÁG112.
Área Temática: DIR TRAB - ACID TRAB.
Legislação Nacional: L 2127 DE 1965/08/03 BXIX N1 E.
Jurisprudência Nacional: AC STA DE 1977/06/08 IN AD N176 PÁG157. AC RP DE 1980/06/02 IN AD N226 PÁG1220. AC STA DE 1977/06/14 IN BTE 2S N6 PÁG157.
Sumário : I - A dijuntiva "ou" constante da alínea a) da Base XIX da Lei 2127, de 3 de Agosto de 1965 está relacionada com os parentes sucessíveis, pois, só em relação a estes é que há limites de idade. II - Como resulta da letra expressa da lei "a doença física e mental" a que se refere a alínea e) do n. 1 da citada Base XIX - doença física ou mental que produza incapacidade - respeita apenas aos parentes sucessíveis e não aos ascendentes, pois que, para estes está contemplada no n. 2, da mesma Base. III - Para que o pai de um sinistrado tenha direito a pensão...
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