Acórdão nº 0093624 de Supremo Tribunal Administrativo (Portugal), 07 de Julho de 1994 (caso None)
Magistrado Responsável | MAMEDE DA CRUZ |
Data da Resolução | 07 de Julho de 1994 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CPT81 ART1 N2 A ART75 ART76 N2 ART77 ART78 ART79 ART80 ART81 ART82 ART83 ART84 ART85. CPC67 ART682 N1. DL 372-A/75 DE 1975/07/16 ART5 ART6 ART7. DL 84/76 DE 1976/01/28.
Sumário: I - É considerada em tempo a interposição do recurso subordinado que foi feita antes da notificação do despacho que admitiu o recurso principal deduzido pela parte contrária, quando a Recorrente apresentou as suas contra-alegações ao recurso de apelação. II - No domínio do DL n. 372-A/75, de 16 de Julho, maxime, em relação aos seus arts. 5 a 7, mantendo-se o contrato como quadro fundamental da relação de trabalho e do direito do trabalho, nenhuma razão se vislumbra para proibir que as partes se ponham de acordo quanto à data e às condições da sua cessação. III - Exigível parece apenas que a lei procure garantir que o acordo extintivo traduza uma vontade livre, esclarecida e ponderada, isto é, se preocupe em evitar ou reduzir os riscos de coacção e de dolo e em acautelar a parte contratualmente mais fraca contra a sua própria precipitação - preocupações, afinal, simétricas das que manifesta a propósito da autonomia da vontade que dá vida ao negócio. IV - No caso sub judice, o...
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