Acórdão nº 9910485 de Court of Appeal of Porto (Portugal), 07 de Junho de 1999
Magistrado Responsável | SOUSA PEIXOTO |
Data da Resolução | 07 de Junho de 1999 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CCIV66 ART363 ART371 ART372. CPC67 ART201 ART205 ART50 ART653 ART655 ART668 ART712. LCT69 ART13. CPT81 ART50 ART65 ART72 ART90.
Sumário: I - No processo declaratório laboral é obrigatório realizar uma tentativa de conciliação antes da audiência de julgamento. II - A sua não realização constitui nulidade processual, por se tratar de uma irregularidade com influência no desfecho da causa, mas tem de ser imediatamente arguida se a parte estiver presente, por si ou por mandatário. III - O meio processual adequado para reagir contra tal nulidade é a reclamação e não o recurso ( dos despachos recorre-se, das nulidades reclama-se ). IV - A acta de audiência e julgamento, por ser um documento autêntico, faz prova plena de que a tentativa de conciliação se realizou, se isso tiver ficado a constar da acta. V - Aquela força probatória só pode ser ilidida através do incidente da falsidade da acta, incidente que tem de ser suscitado no tribunal onde decorreu o julgamento. VI - No processo...
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