Acórdão nº 0005094 de Supremo Tribunal Administrativo (Portugal), 23 de Abril de 1997 (caso None)
Magistrado Responsável | CESAR TELES |
Data da Resolução | 23 de Abril 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: CPC67 ART668 N1 C D ART684 N3 ART690 N1 ART722 N2 ART729 N2. LCCT89 ART9.
Jurisprudência Nacional: AC STJ DE 1980/04/15 IN BMJ N296 PAG198. AC STJ DE 1987/07/17 IN AD N314 PAG284.
Sumário: I - Tendo a resposta ao Quesito 10 sido a que foi possível, em face da prova produzida na audiência de julgamento, não se vislumbra qualquer "défice de apreciação do facto essencial que despoletou o despedimento do Apelante". II - Não tendo a Mma. Juíza "a quo" conseguido apurar, no decurso da produção da prova, da veracidade do desmentido do Humberto Rufino, mesmo com acareação, não se afigura possível, mas manifestamente inútil e desprovida de fundamento válido, a repetição do julgamento para tal fim. III - Apesar disso, e como é jurisprudência do STJ, de 15/4/1980, in BMJ, n. 296, p. 198 ("compete exclusivamente às instâncias fixar os factos e deles tirar conclusões e ilações lógicas"), a Mma. Juíza "a quo" não ficou impedida de extrair ilações da matéria de facto apurada - o que lhe permitiu concluir que o referido desmentido não tinha a menor credibilidade...
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