Acórdão nº 9740748 de Court of Appeal of Porto (Portugal), 04 de Maio de 1998
| Data | 04 Maio 1998 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. AGRAVO. APELAÇÃO.
Decisão: NEGADO PROVIMENTO. PROVIDO. CONFIRMADA A SENTENÇA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CPT81 ART31 ART72. CCIV66 ART369 ART372. DL 64-A/89 DE 1989/02/27 ART41 ART42.
Jurisprudência Nacional: AC RP PROC9741176 DE 1998/02/09.
Sumário: I - O artigo 31 do Código de Processo do Trabalho consagra um regime especial de modificação objectiva da instância. II - O poder jurisdicional do juiz esgota-se com a prolação da sentença e, por isso, ele não pode conhecer das questões suscitadas nas alegações do recurso, salvo das relativas às nulidades da sentença. III - Cabe ao Tribunal da Relação apreciar e conhecer da « nulidade da acta de julgamento : arguida nas alegações do recurso. IV - Sendo a acta de julgamento um documento autêntico, a sua infidelidade só pode ser arguida...
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