Acórdão nº 0005904 de Supremo Tribunal Administrativo (Portugal), 23 de Abril de 1997 (caso None)
Data | 23 Abril 1997 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CPC67 ART710 N1 ART712 ART792. LCCT89 ART13 N1 A N3. CPT81 ART76 N1. LCT69 ART88 N2 ART94. CCIV66 ART342 N1 N2.
Jurisprudência Nacional: AC STA DE 1973/06/12 AD 143 PAG1583. AC STJ DE 1983/02/10 IN BMJ N324 PAG493. AC STJ DE 1990/02/16 AD 341 PAG705. AC RE DE 1989/12/12 IN BMJ N392 PAG532.
Sumário: I - Tendo a Ré interposto recurso de apelação em 11-5-1996 e apresentado as suas alegações de recurso, separadamente, apenas em 20 desse mês, deve, mesmo assim, e não obstante o disposto no n. 1 do art. 76 do CPT, considerar-se o recurso correcta e tempestivamente interposto em juízo, pois é jurisprudência uniforme e pacífica a de que "não contendo o requerimento de interposição do recurso a alegação do recorrente, pode este apresentá-lo até ao termo do prazo para a interposição do mesmo recurso". tanto mais que tal prazo só cessava, no caso dos autos, a 23-5-1996. II - O facto de...
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