Acórdão nº 0056694 de Supremo Tribunal Administrativo (Portugal), 31 de Janeiro de 1990 (caso None)
Magistrado Responsável | ABILIO BRANDÃO |
Data da Resolução | 31 de Janeiro de 1990 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR TRAB - CONTRAT INDIV TRAB.
LegislaÁ„o Nacional: L 68/79 DE 1979/10/09 ART1 N2. DL 372-A/75 DE 1975/07/16 ART12. LCT69 ART26. CPC67 ART474 N1 C.
JurisprudÍncia Nacional: AC STJ DE 1987/03/27 IN AD N307 PAG1057. AC RL DE 1986/01/15 IN CJ ANOXI T1 PAG130. AC RL DE 1986/03/12 IN CJ ANOXI T2 PAG160. AC RP DE 1987/04/27 IN CJ ANOXII T2 PAG278. AC RE DE 1981/10/06 IN CJ ANOVI T4 PAG300. AC RE DE 1987/11/05 IN CJ ANOXII T5 PAG292.
Sum·rio: I - A Lei n. 68/79 n„o faz mais do que estabelecer um pressuposto formal para o despedimento dos representantes dos trabalhadores: a acÁ„o judicial. II - A referÍncia que nela se faz ‡ "lei aplic·vel" (art. 1, n. 2), cuja observ‚ncia n„o dispensa, exclui a derrogaÁ„o por ela da Lei dos Despedimentos, maxime, no que se refere ‡s consequÍncias jurÌdicas de um despedimento nulo. III - O despedimento decretado pela entidade patronal, no final do processo disciplinar, contra o Autor - membro da Comiss„o de Trabalhadores - È nulo e de nenhum efeito, por n„o ter sido observado e cumprido o pressuposto formal imposto pela mencionada Lei n. 68/79: o recurso ‡ acÁ„o judicial. IV - Em consequÍncia, o pedido formulado na acÁ„o judicial, mais tarde instaurada, de que "seja confirmado o...
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