Acórdão nº 000783 de Supremo Tribunal de Justiça (Portugal), 22 de Fevereiro de 1985 (caso NULL)
Data | 22 Fevereiro 1985 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - RECURSOS. DIR TRAB - CONTRAT INDIV TRAB / REG COL TRAB.
Legislação Nacional: CPC67 ART684 N3 ART690 N1. DL 372-A/75 DE 1975/07/16 ART10 N1 N2 E R C. CCTV PARA A INDÚSTRIA HOTELEIRA DE 1978/11/08 IN BTE N41 PAG3072 ANEXOIV. LCT69 ART27.
Jurisprudência Nacional: AC STJ DE 1982/12/02 IN BMJ N322 PAG315. AC STJ DE 1976/11/05 IN BMJ N252 PAG130. AC STJ DE 1980/07/23 IN AD N228 PAG1470. AC STJ DE 1982/05/07 IN AD N267 PAG395.
Sumário : I - As conclusões do recurso delimitam o respectivo âmbito. II - Se o acórdão sob censura apreciou a actuação da autora na qualidade de empregada da ré, e tirou as suas conclusões, se tais conclusões não estão certas em face da categoria profissional da autora é questão de fundo, podendo constituir erro de fundo, mas não nulidade. III - Decidindo-se mal ao interpretar-se determinado preceito, há erro de interpretação e não nulidade IV - A sanção disciplinar deve ser proporcionada à gravidade da infracção e ao grau do infractor. V - O despedimento é a sanção disciplinar mais grave, e só deve ser aplicada nos casos de real gravidade, isto é, quando o comportamento culposo do trabalhador for de tal forma grave que, pelas suas consequências torna imediata e praticamente impossível a...
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