Acórdão nº 0048804 de Supremo Tribunal Administrativo (Portugal), 03 de Outubro de 1990 (caso None)
Magistrado Responsável | NUNO ALVIM |
Data da Resolução | 03 de Outubro de 1990 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: M FERNANDES - NOÇÕES FUNDAMENTAIS DE DIREITO DO TRABALHO 2ED PAG257.
Área Temática: DIR TRAB - CONTENC PREV.
Legislação Nacional: LCT69 ART82 ART86 ART87 ART88 ART89. PORT 728/73 DE 1973/10/22 ART10. L 1884 DE 1935/03/16. L 2115 DE 1962/06/18. L 28/84 DE 1984/08/14 ART7 ART59. DL 47032 DE 1966/03/27 ART131 N3. DL 49408 DE 1969/11/24 ART7. PORT 235/71 DE 1971/05/04. DL 887/76 DE 1976/12/29. DL 519-C/79 DE 1979/12/29 ART1 N4. PORT 193/79 DE 1979/04/21 ART2 ART5. DL 17/77 DE 1977/01/12. DRGU 12/77 DE 1977/02/07. DL 124/79 DE 1979/05/10 ART1 N2 ART41. DL 254/82 DE 1982/06/29 ART10 N2. L 82/77 DE 1977/12/06 ART6 B. DL 511/76 DE 1976/07/03. DL 272-A/81 DE 1981/09/30. CCIV66 ART8 ART10.
Sumário: I - Ao tempo em que o A. começou a trabalhar como médico na Baixa da Banheira, então ao serviço da Caixa de Previdência e Abono de Família do distrito de Setúbal, em 1973, era de direito privado a natureza do vínculo contratual que se estabelecera com a referida instituição de previdência, aliás, como era regra geral; II - Mais tarde, aquando da publicação do DL 124/79, o A. optou por manter o anterior vínculo, pelo que, estando vinculado por um contrato individual de trabalho, competirá aos tribunais do trabalho, a apreciação e julgamento da presente causa; III - Relativamente à qualificação do tipo de contrato de trabalho, se subordinado, se de prestação de serviço, a jurisprudência e a doutrina têm entendido que, mesmo no caso das profissões liberais, onde é exigível independência técnica, é possível, em aspectos secundários, relacionados com o...
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