Acórdão nº 0024494 de Supremo Tribunal Administrativo (Portugal), 03 de Julho de 1997 (caso None)
Magistrado Responsável | GUILHERME PIRES |
Data da Resolução | 03 de Julho 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 ART456 N2 ART684 N3 ART690 N1 ART712. CPT81 ART84 N1. CCIV66 ART342 N2 ART376 N1 N2. LCCT89 ART12 N1 A. DL 874/76 DE 1976/12/28 ART5 ART6 N1 N2 ART10 N1.
Sumário: I - Considerando que a matéria de facto dada como provada nos autos se fundou "no acordo das partes, documentos e depoimentos das testemunhas inquiridas em audiência" - não sendo estes últimos reduzidos a escrito, nos termos do n. 2 do artigo 63 do Código de Processo do Trabalho - e não tendo a carta de fls. 43, mero documento particular, de autoria da própria Ré, a força probatória suficiente para alterar a matéria de facto, considerada provada pelo Mmo. Juiz, não há lugar à intervenção e censura, por parte desta Relação, quanto a esta matéria. II - Dado que o Autor foi verbalmente despedido pela Ré, em 23/10/1995, sem prévia instauração de processo disciplinar, é indubitável que tal despedimento foi ilícito, nos termos e com as consequências jurídicas expressas nos artigos 12, n. 1, a), e...
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