Acórdão nº 0063954 de Supremo Tribunal Administrativo (Portugal), 21 de Novembro de 1990 (caso None)
| Magistrado Responsável | RODRIGUES DA SILVA |
| Data da Resolução | 21 de Novembro 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: CCIV66 ART342 ART799 N1. CPC67 ART664. DL 372-A/75 DE 1975/07/16 ART25. CPT81 ART66 ART67 ART69. CCTV SECTOR DA CONSTRUÇÃO CIVIL BLXII IN BTE N40 DE 1978/10/29.
Jurisprudência Nacional: AC RL DE 1980/04/21 IN BMJ N301 PAG454.
Sumário: I - A condenação "extra vel ultra petita" constitui um princípio geral do processo de trabalho português, devendo o Juiz condenar o Réu em quantia superior ou objecto diverso quando tal resulta de disposições inderrogáveis de leis ou convenções colectivas; II - Assim, no caso de disposições imperativas, o art. 69 do CPT subtrai o processo à disponibilidade das partes para o Tribunal aplicar a lei aos factos integrantes da causa de pedir; III -...
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