Acórdão nº 0085554 de Court of Appeal of Lisbon (Portugal), 06 de Outubro de 1993
| Magistrado Responsável | CARLOS HORTA |
| Data da Resolução | 06 de Outubro de 1993 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decis„o: NEGADO PROVIMENTO: ¡rea Tem·tica: DIR PROC TRAB: LegislaÁ„o Nacional: CPT81 ART43 N1. LCCT89 ART2 N2 ART4 C ART5 N1 ART9 N1 N2 D G ART10 N1 N4 N5 N8 N9 N10 ART12 N3 A B C N5 ART59 N2. AE TAP BTE 10/85 CLAUS94 N3. DL 393/90 DE 1990/12/10. LCT69 ART4 C ART27 N3. D 45266 DE 1963/09/23 ART88 N1.
JurisprudÍncia Nacional: AC RC DE 1981/01/29 IN CJ ANO1981 T1 PAG85. AC STJ DE 1986/10/10 IN BTE IIS 10/87 N11/87 12/87 PAG1404. AC RP DE 1990/02/12 IN CJ ANO1990 T1 PAG280.
Sum·rio: I - A suspens„o do despedimento sÛ È decretada se n„o tiver sido instaurado processo disciplinar, se este for nulo ou se o tribunal, ponderadas todas as circunst‚ncias relevantes, concluir pela probabilidade sÈria de inexistÍncia de justa causa. II - A reforma do trabalhador n„o opera automaticamente a caducidade do contrato de trabalho. Colocando-se numa perspectiva pragm·tica, a lei n„o fixa um momento preciso para a caducidade, oferecendo, antes, ao empregador certa margem para a escolha do momento em que o contrato h·-de cessar. III - Esse momento localizar-se-· necessariamente dentro dos 30 dias...
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