Acórdão nº 0014794 de Supremo Tribunal Administrativo (Portugal), 28 de Maio de 1997
Magistrado Responsável | GUILHERME PIRES |
Data da Resolução | 28 de Maio de 1997 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: LCCT89 ART9 N1 ART12 N5. CCIV66 ART342 N1. PORT 1171/95 DE 1995/09/25.
Jurisprudência Nacional: AC STJ DE 1995/01/22 IN CJSTJ ANO1995 T1 PAG279. AC STJ DE 1992/03/05 IN BMJ N415 PAG380.
Sumário: I - O conceito de justa causa de despedimento compreende três elementos: a)- comportamento culposo do trabalhador que pressupõe uma acção ou omissão, imputável ao trabalhador, a título de culpa (não necessariamente de dolo) violador dos deveres emergentes do vínculo laboral; b)- comportamento grave e de consequências danosas; c)- que esse comportamento, pela sua gravidade, determine a impossibilidade prática de subsistência da relação laboral. II - Para apreciação da justa causa, deve o tribunal atender, no quadro de gestão de empresa, ao grau de lesão dos interesses da entidade empregadora, ao carácter das relações entre as partes ou entre o trabalhador e seus companheiros e às demais circunstâncias que no caso se mostrem relevantes. III - A culpa e a gravidade da infracção disciplinar hão- -de apreciar-se em termos objectivos e concretos, de acordo com o entendimento de um "bom pai de família" ou "de um empregador normal" e segundo critérios de objectividade e razoabilidade. IV - Finalmente...
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