Acórdão nº 0078664 de Court of Appeal of Lisbon (Portugal), 14 de Outubro de 1992
| Magistrado Responsável | VENTURA DE CARVALHO |
| Data da Resolução | 14 de Outubro de 1992 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Indicações Eventuais: AC STJ DE 1971/12/21 IN RLJ ANO105 PAG340 POR VAZ SERRA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CCIV66 ART279 ART296 ART323 ART1152 ART1154. CPC67 ART144. LCT69 ART38. DL 64-A/89 DE 1989/02/27 ART9.
Jurisprudência Nacional: AC STJ DE 1971/12/21 IN BMJ N212 PAG223. AC RL DE 1982/03/16 IN CJ ANOVII T2 PAG166. AC RE DE 1990/10/23 IN CJ ANOXV T4 PAG304.
Sumário: I - O elemento diferenciador entre o contrato de trabalho e o contrato de prestação de serviços é a subordinação jurídica, que inexiste no segundo mas é essencial no primeiro. II - No contrato de prestação de serviços a parte credora pretende obter determinado resultado independentemente da forma como o devedor se organiza para o conseguir; no contrato de trabalho é o credor quem fornece a organização...
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