Acórdão nº 0082414 de Supremo Tribunal Administrativo (Portugal), 24 de Março de 1993 (caso None)
Magistrado Responsável | BELO VIDEIRA |
Data da Resolução | 24 de Março de 1993 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: PROVIDO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: DL 413/87 DE 1987/12/31 ART11. DL 442-A/88 DE 1988/11/30. CONST89 ART54 N5 ART168 N1 B. L 49/86 DE 1986/12/31 ART63. CPT81 ART37. PRT DE 1975/07/09.
Jurisprudência Nacional: AC RL PROC7288 DE 1991/11/06. AC RL PROC7383 DE 1992/03/18.
Sumário: I - A falta de registo na Federação Portuguesa de Futebol de um contrato celebrado por um clube desportivo com um jogador de Futebol não implica a inexistência jurídica, nem a nulidade desse contrato. II - É que o preceituado do art. 11 do DL n. 413/87, de 31 de Dezembro, deve considerar-se apenas como relativo ao domínio fiscal e, como tal, revogado pelo DL n. 442-A/88, de 30 de Novembro, que aboliu o imposto profissional. III - Tendo as partes celebrado dois contratos de trabalho entre si, referindo num deles (o contrato real) determinadas regalias a receber pelo Autor - maxime, remuneração, prémios e subsídios -, e no outro (contrato alternativo e fictício) somente uma...
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