Acórdão nº 0000524 de Supremo Tribunal Administrativo (Portugal), 04 de Junho de 1997
| Magistrado Responsável | VENTURA DE CARVALHO |
| Data da Resolução | 04 de Junho 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 ART799. LCCT89. LCT69 ART37.
Sumário: I - Incumbe ao devedor provar que a falta de cumprimento da obrigação não procede de culpa sua. II - Provando-se a existência de contrato de trabalho entre as partes, daí decorre sobre a entidade patronal a obrigação de pagamento pontual aos seus trabalhadores da respectiva retribuição, sobre ela recaindo o ónus da prova de que a falta de pagamento de tal obrigação não procedia de culpa sua. III - O Juiz não está sujeito às alegações das partes no tocante à indagação, interpretação e aplicação das regras de direito. Por isso, o facto de os Autores terem fundamentado o...
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