Acórdão nº 000565 de Supremo Tribunal de Justiça (Portugal), 03 de Novembro de 1983 (caso NULL)
Magistrado Responsável | MIGUEL CAEIRO |
Data da Resolução | 03 de Novembro de 1983 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB. DIR CIV - TEORIA GERAL. DIR PROC TRAB - RECURSOS.
Legislação Nacional: LCT69 ART31 N1 ART73. DL 372-A/75 DE 1975/07/16 ART10 N1 ART11 N2 ART12 N6 ART24. CCIV66 ART298 N2. CPC67 ART722 N2 ART729 N2.
Jurisprudência Nacional: AC STJ DE 1971/07/23 IN BMJ N209 PAG155. AC STJ DE 1980/02/28 IN BMJ N294 PAG376. AC STJ DE 1982/10/22 IN AD N253 PAG126.
Sumário : I - O Tribunal do Trabalho pode servir-se, para o julgamento do feito, de facto de que tomou conhecimento por virtude do exercício das suas funções, independentemente de terem sido alegados pelas partes. II - Produz-se a caducidade do procedimento disciplinar quando este for exercido sete meses após o dia em que a entidade patronal teve conhecimento da infracção, ainda que dentro do prazo legal de caducidade ela tenha procedido a averiguações...
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