Acórdão nº 0060494 de Supremo Tribunal Administrativo (Portugal), 21 de Março de 1990 (caso None)
Magistrado Responsável | DAMIÃO PEREIRA |
Data da Resolução | 21 de Março de 1990 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CPC67 ART660 N2 ART668 N1 D. CCIV66 ART342 N2 ART346. DL 519-C1/79 DE 1979/12/29 ART10 ART13. DL 874/76 DE 1976/12/28 ART22 N2 E ART25 N4. CCT DE 1987/07/29 CLAUS41. RGU DE CONCESSÃO E CONTROLE DE BAIXAS POR DOENÇA IN DR IS DE 1976/12/09.
Sumário: I - Devendo o Juiz resolver todas as questões que as partes tenham submetido à sua apreciação, não pode ocupar-se senão das questões que lhe tenham sido por elas suscitadas, salvo se a lei lhe permitir ou impuser o conhecimento oficioso de outras. II - No caso dos autos, embora o Mmo. Juiz não tenha feito uso de todos os argumentos apresentados pela defesa, o facto é que apreciou e decidiu todas as questões que lhe foram postas nos articulados, não se registando, assim, qualquer omissão de pronúncia. III - Encontrando-se o Autor na situação de baixa clínica, desde 2-2-1987, e tendo sido reformado em 1-2-1988, embora sempre tendo apresentado à Ré os justificativos da sua doença, entendeu a dita Ré comprovar tal situação, convocando o Autor para uma junta médica, por ela designada para o dia 10-4-1987, na sua sede - mas o Autor não compareceu. IV - Embora, nos termos do artigo 346 do Código Civil, fosse possível à Ré opor contraprova à situação de doença do Autor, a verdade é que, dada a credibilidade e elevado grau de certeza das declarações expressas nos documentos comprovativos...
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