Acórdão nº 0005244 de Supremo Tribunal Administrativo (Portugal), 05 de Março de 1997 (caso None)
Magistrado Responsável | CUNHA E SILVA |
Data da Resolução | 05 de Março de 1997 |
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 ART1152 ART1154. LCT69 ART1.
Jurisprudência Nacional: AC RL PROC9686/94 DE 1994/12/15. AC RL PROC450/96 DE 1997/01/15.
Sumário: I - Enquanto no contrato de trabalho, um dos contraentes se obriga a prestar a outrem o seu trabalho (a actividade é desenvolvida sob a autoridade e direcção da pessoa a quem a mesma é prestada), na prestação de serviço tem-se por objecto o resultado do trabalho, e não o trabalho em si (pois aqui o obrigado não fica sujeito à autoridade e direcção do outro contraente). II - De acordo com o artigo 342 do Código Civil, competia à Autora fazer a prova da existência do contrato de trabalho, e à Ré provar a existência do contrato de prestação de serviços, já que não é o nome dado ao contrato que o qualifica, nem tão-pouco o afirmar, sem provar, que a Ré e a Autora quiseram firmar um contrato de prestação de serviços. III - No caso dos autos, transparece toda uma multiplicidade de dados de que a Autora se encontrava numa situação de verdadeira subordinação jurídica, pois tinha a obrigação de se deslocar...
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