Acórdão nº 0084874 de Court of Appeal of Lisbon (Portugal), 02 de Março de 1994
Magistrado Responsável | CUNHA E SILVA |
Data da Resolução | 02 de Março de 1994 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: DL 413/87 DE 1987/12/31 ART11. L 49/86 DE 1986/12/31 ART63. CONST89 ART18 ART19 ART20 ART53 ART54 N5 D. PRT FUTEBOLISTAS BMT 26/75 DE 1975/07/15. CPT81 ART37 ART69. CPC67 ART282. LCT69 ART21 N1 C. DL 874/76 DE 1976/12/28.
Jurisprudência Nacional: AC STJ DE 1993/01/23 IN CJ ANO1 T1 PAG234. AC RL PROC8712 DE 1993/10/27.
Sumário: I - A falta de registo na Federação Portuguesa de Futebol de um contrato celebrado por um clube desportivo com um jogador de futebol não implica a inexistência jurídica, nem a nulidade desse contrato. II - É que o preceituado no artigo 11 do DL n. 413/87, de 31 de Dezembro, deve considerar-se apenas como relativo ao domínio fiscal e, como tal, revogado pelo DL n. 442-A/88, de 30 de Novembro, que aboliu o imposto profissional. III - De contrário, a pretender-se a sua aplicação às relações de trabalho, então o mesmo estaria ferido de inconstitucionalidade formal e material. IV - Por um lado, porque, visando a alteração da legislação de trabalho (consequências de um não registo de um contrato de trabalho, implicando a nulidade deste), não se mostra cumprido o artigo 54 da Constituição da República Portuguesa. V - Por outro lado, sendo a matéria de direitos e garantias dos trabalhadores da competência da Assembleia da República - salvo autorização ao Governo -, a verdade...
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