Acórdão nº 000037 de Supremo Tribunal de Justiça (Portugal), 06 de Junho de 1980 (caso NULL)
Data | 06 Junho 1980 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB. DIR PROC CIV.
Legislação Nacional: CPC67 ART102 N1 ART456 N1 N2 ART659 N1 ART660 ART661 ART662 ART663 ART664 ART665 ART668 N1 C ART669 N1 D ART713 N2 ART749. DL 372-A/75 DE 1975/07/16 ART11 N7 N10 ART12 N1. CCIV66 ART1152. LCT69 ART1. CPT63 ART14 A. LOTJ77 ART66 B.
Jurisprudência Nacional: AC STJ DE 1972/05/16 IN BMJ N217 PAG163. AC STJ DE 1973/03/13 IN BMJ N225 PAG202. AC STJ DE 1974/02/05 IN BMJ N234 PAG267. AC STJ DE 1974/10/29 IN BMJ N240 PAG223. AC STJ DE 1975/01/07 IN BMJ N243 PAG194. AC STJ DE 1975/11/25 IN BMJ N251 PAG122. AC STJ DE 1974/10/15 IN BMJ N240 PAG194. AC STJ DE 1974/03/26 IN BMJ N235 PAG275.
Sumário : I - E nulo o processo disciplinar a que falte a decisão final formalmente elaborada, apreciando e sancionando, concreta e expressamente, os factos imputados ao arguido. E uma tal nulidade vale para fundamentar o deferimento da providencia da suspensão do despedimento. II - Os recursos visam modificar as decisões recorridas e não criar decisões sobre materia nova, não sendo licito invocar nos mesmos questões que não tenham sido suscitadas nos tribunais inferiores. III - Nada impede que o socio de uma cooperativa seja simultaneamente seu trabalhador, sendo distintas e autonomas as relações juridicas decorrentes dessas duas...
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