Acórdão nº 0310739 de Court of Appeal of Porto (Portugal), 07 de Janeiro de 1991
| Data | 07 Janeiro 1991 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR ADM GER. DIR PROC CIV.
Legislação Nacional: CADM40 ART815. DL 129/84 DE 1984/04/27 ART9 ART4. CCIV867 ART1370. CCIV66 ART1152. DL 140/81 DE 1981/05/30 ART9. DL 41/84 DE 1984/02/03 ART17. DL 299/85 DE 1985/07/29. CPC61 ART46 ART55 ART64.
Jurisprudência Nacional: AC STJ DE 1982/12/16 IN AD N257 PAG574. AC STJ DE 1976/04/02 IN BMJ N256 PAG83. AC STJ DE 1985/10/10 IN BMJ N350 PAG291. AC STJ DE 1986/02/13 IN BMJ N354 PAG350.
Sumário: I - Os contratos estabelecidos por um trabalhador com uma pessoa colectiva de direito público, apresentando-se esta revestida da sua normal autoridade ( "ius imperii" ) revestem a natureza de direito público, submetendo-se as respectivas relações jurídicas ao direito administrativo. II - Tal acontece quando um trabalhador, por virtude de contratos celebrados com um Hospital, lhe presta serviços compreendidos nas tarefas de auxiliar de limpeza e de auxiliar de acção médica e se...
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