Acórdão nº 040766 de Supremo Tribunal Administrativo (Portugal), 21 de Fevereiro de 2002
Data | 21 Fevereiro 2002 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
Acordam no Pleno da 1.ª Secção do Supremo Tribunal Administrativo: CTT- CORREIOS DE PORTUGAL, S.A., e A..., recorrem para este PLENO da 1ª Secção do S.T.A., do acórdão da Secção, de 21.04.99, a fls. 113/117 destes autos, por estar em oposição com o acórdão da mesma secção de 07.07.98, proferido no recurso 43.868.
Por acórdão de 17.05.2001 (fls. 153/155) foi julgada a existência da oposição entre o acórdão recorrido e o acórdão fundamento, ordenando-se o prosseguimento dos autos para conhecimento do mérito.
A questão que ora se nos coloca, e que concerne a averiguação do tribunal competente para julgar os litígios em matéria disciplinar dos CTT com o pessoal que já estava ao seu serviço quando aqueles eram ainda uma empresa pública, questão que até certo momento dividiu as decisões deste tribunal, mas que a partir da decisão tomada pelo Tribunal de Conflitos, em 30.05.2000, no processo nº. 339, passou a ter uma resposta uniforme neste Supremo Tribunal, quer pela sua 1ª Secção, quer pelo respectivo Pleno.
Na verdade, o Tribunal de Conflitos decidiu naquele processo que os tribunais de trabalho são os competentes para conhecer e julgar os conflitos decorrentes da aplicação de sanções disciplinares aos trabalhadores da Portugal Telecom, S.A., ainda que oriundos dos CTT/EP.
E como se realça no acórdão deste Pleno de 17.01.2001, recurso 45.737, a partir daquela decisão, por razões a que não são alheias a segurança e a certeza jurídicas, os posteriores julgamentos...
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