Acórdão nº 0006034 de Supremo Tribunal Administrativo (Portugal), 29 de Janeiro de 1997 (caso None)
Data | 29 Janeiro 1997 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO. AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CPC67 ART664 ART668 N1 D ART684 N3 ART690 N1 ART710 N1. CPT81 ART66 N1. CCIV66 ART342 N1. LCCT89 ART12 ART13 ART41 N1 B N2 ART44 N2 ART46 N1 ART47. DL 118/86 DE 1986/05/27 ART3 N1. DL 184/89 DE 1989/06/02 ART6 N1 N2 ART7 N2 ART9 N2. DL 427/89 DE 1989/12/07 ART9 N1 N2 ART14 N1 N3 ART20 N3 ART45. DL 407/91 DE 1991/10/17. L 19/92 DE 1992/08/13. DL 81-A/96 DE 1996/06/21.
Jurisprudência Nacional: AC RE DE 1986/04/17 IN CJ ANO1986 T2 ART270. AC STA DE 1990/04/26 IN BMJ N396 PAG413. AC STA DE 1990/05/24 IN BMJ N397 PAG531. AC RC DE 1989/01/10 IN CJ ANO1989 T1 PAG88. AC RE DE 1989/04/04. AC RE DE 1990/11/27. AC RL PROC516/96.
Sumário: I - Tendo as Autoras invocado na petição inicial o seu despedimento pelo Réu, e não sendo ele matéria de direito, nem mera conclusão ou juízo de valor, mas sim um facto, constitui a "causa de pedir" da acção, pelo que esta nunca poderia ser indeferida in limine por esse motivo. II - Há contrato de trabalho (civil) quando o agente se obriga a prestar a sua actividade profissional a uma pessoa colectiva de direito público (v.g., o Estado), sob a autoridade e direcção dos respectivos órgãos, mas sem a submissão ao estatuto legal da função pública. III - No caso dos autos, as Autoras - que foram contratadas a termo antes da entrada em vigor do DL n. 427/89, de 7 de...
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