Acórdão nº 0057364 de Court of Appeal of Lisbon (Portugal), 04 de Abril de 1990
Magistrado Responsável | RODRIGUES DA SILVA |
Data da Resolução | 04 de Abril de 1990 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CPT81 ART66 N1 N3 ART69 ART90 N6. DL 372-A/75 DE 1975/07/16 ART10 N1 ART12 N5. CPC67 ART668 N1 E.
Sumário: I - No contexto do processo do trabalho, o Juiz é obrigado a convidar as partes, até ao julgamento, a articularem factos que ele considere imprescindíveis para a boa decisão da causa; a formular quesitos novos, mesmo sobre matéria não articulada; a suspender o julgamento para efectuar as diligências de prova que repute indispensáveis; e a condenar em quantidade superior ao pedido ou em objecto diverso do pedido quando isso resulte da aplicação de preceitos inderrogáveis. II - Desde que sobre a matéria respectiva tenha incidido discussão (artigo 66, n. 1, do CPT 81), o Juiz deve conhecer de factos não articulados que considere com interesse para a decisão e surjam no decurso da produção da prova, formulando quesitos novos no processo ordinário ou sem o recurso à quesitação no processo sumário. Esse conhecimento, aliás, se versar sobre matéria articulada, terá lugar mesmo findos os debates (artigo 66, n. 3). III - Não traduz qualquer nulidade, nem deve ser considerada "não escrita" a resposta dada aos quesitos 3 e 5 em que o Juiz se limitou a explicar, no desenvolvimento do que se perguntou, que "os 4 pães constituiam a merenda" e que, ao ignorar o aviso do Guarda, a Autora "insistiu que o conteúdo do saco eram 4 carcaças". Não está, por isso, a sentença ferida de qualquer nulidade. IV - Para haver justa causa de despedimento é necessária a concorrência de três elementos: a) - comportamento culposo do trabalhador, violador dos seus deveres pessoais e profissionais; b) - impossibilidade prática de...
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