Acórdão nº 9740798 de Supremo Tribunal Administrativo (Portugal), 03 de Novembro de 1997 (caso None)
Magistrado Responsável | SOUSA PEIXOTO |
Data da Resolução | 03 de Novembro de 1997 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: LCT69 ART38 N1. CCIV66 ART323 N1. CPC67 ART205 N1. DL 64-A/89 DE 1989/02/27 ART34 N2.
Sumário: I - O prazo de prescrição dos créditos emergentes do contrato de trabalho é de um ano, contado a partir do dia seguinte ao da sua cessação, quer quanto aos créditos pertencentes à entidade patronal, quer quanto aos créditos pertencentes ao trabalhador. II - A prescrição interrompe-se pela citação ou notificação judicial de qualquer acto que exprima, directa ou indirectamente, a intenção de exercer o direito. III - A arguição das nulidades processuais tem de ser feita no tribunal onde a infracção foi praticada, com excepção das previstas nos artigos 194 e 200 do Código de Processo Civil, e apenas é admissível quando a infracção processual não foi praticada...
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