Acórdão nº 9230193 de Court of Appeal of Porto (Portugal), 09 de Novembro de 1992
Magistrado Responsável | JOSE CORREIA |
Data da Resolução | 09 de Novembro de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. AGRAVO.
Decisão: NEGADO PROVIMENTO. PROVIDO PARCIALMENTE.
Área Temática: DIR TRAB - ACID TRAB. DIR PROC TRAB. DIR PROC CIV.
Legislação Nacional: CONST ART115 ART202 ART201 ART282 N1. D 360/71 DE 1971/08/21 ART65 NA REDACÇÃO DO DL 466/85 DE 1985/11/05. PORT 760/85 DE 1985/10/04. PORT 632/71 DE 1971/11/19. PORT 639/83 DE 1983/01/06. DL 668/75 DE 1975/11/24.
Sumário: I - A Portaria nº 760/85, de 4 de Outubro, está ferida de inconstitucionalidade nos termos do Acórdão do Tribunal Constitucional nº 61/91, de 13 de Março. II - As tabelas dessa portaria não podem ser observadas no cálculo das remissões por acidentes de trabalho, no cálculo das provisões matemáticas das pensões dos mesmos acidentes, nem no do valor da causa. III - Por assim ser e aplicando-se ao incidente de actualização das pensões por acidentes de trabalho o regime do artigo 123, nº 1 do Código de Processo do Trabalho, segundo o qual o valor da causa é o das reservas...
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