Acórdão nº 000198 de Supremo Tribunal de Justiça (Portugal), 23 de Outubro de 1981 (caso NULL)
Magistrado Responsável | SANTOS VICTOR |
Data da Resolução | 23 de Outubro de 1981 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: CONCEDIDA A REVISTA.
¡rea Tem·tica: DIR TRAB - CONTRAT INDIV TRAB.
LegislaÁ„o Nacional: DL 40/77 DE 1977/01/29 ART1 ART2 N1 N2 ART11. DL 84/76 DE 1976/01/28. DL 471/76 DE 1976/06/14 ART2. RCR 286/80 DE 1980/08/19. DL 49408 DE 1969/11/24 ART38. DL 372-A/75 DE 1975/07/16 ART12 N2 N3 ART20. CCIV66 ART66 ART323 N2 ART325.
JurisprudÍncia Nacional: AC RL DE 1980/05/12 IN BMJ N301 PAG458.
Sum·rio : I - Tanto o Decreto-Lei n. 40/77, de 29 de Janeiro, como o que o antecedeu, com o n. 471/76, de 14 de Junho, expressamente visaram permitir declarar retroactivamente a inexistencia juridica dos despedimentos e afastamentos dos trabalhadores por motivos politicos ou ideologicos, o que torna irrelevante que esses mesmos despedimentos ou afastamentos tenham ocorrido anteriormente a data da sua entrada em vigor, por ser apenas necessario que se hajam verificado entre 25 de Abril de 1974 e 25 de Abril de 1975. II - Tendo o autor sido despedido por carta da entidade patronal de 17 de Julho de 1975 pelo facto de ter pertencido a extinta corporaÁ„o da Legi„o Portuguesa, os creditos nascidos dessa situaÁ„o, e por aquele reclamados da entidade...
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