Acórdão nº 0000884 de Court of Appeal of Lisbon (Portugal), 24 de Abril de 1996
Magistrado Responsável | CARLOS HORTA |
Data da Resolução | 24 de Abril de 1996 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CCIV66 ART342 N2 ART374 N1 ART376 ART378. CPC67 ART360 ART490 N2 ART544 ART653 N2 N5. CPT81 ART67 N1 N2 ART90 N4 N5. LCCT89 ART8 ART13 N2 A. LCT69 ART82 N2 ART87. CCJ62 ART193 ART208 N2.
Jurisprudência Nacional: AC RL DE 1985/07/17 IN CJ ANO1985 T4 PAG192. AC RL DE 1989/11/22 IN CJ ANO1989 T5 PAG168. AC RL DE 1989/11/22 IN BTE N7-8-9/91 PAG780. AC RL DE 1988/11/16 IN CJ ANO1988 T5 PAG154. AC RL DE 1993/04/26 IN BMJ N333 PAG514. AC RL DE 1993/04/26 IN CJ ANO1993 T2 PAG208. AC RC DE 1987/03/05 IN BMJ N365 PAG705. AC RC DE 1990/03/20 IN BMJ N395 PAG683.
Sumário: I - Tendo a Autora impugnado o documento de fls. 28 e 29, cabe à parte que produziu o documento, o ónus da prova da sua veracidade, por exame ou qualquer outro meio de prova - artigo 544 do Código de Processo Civil. II - A letra e assinatura, ou a assinatura, só se consideram, neste caso, como verdadeiras, se forem expressa ou tacitamente reconhecidas pela parte contra quem o documento é exibido ou se legal ou judicialmente forem havidas como tal. Havendo impugnação, é ao apresentante do documento que incumbe provar a autoria contestada. É, por isso, ilegítimo pretender que a Autora fosse obrigada a prestar depoimento pessoal para prova do aludido documento. III - Em processo sumário de trabalho, se os factos ficarem consignados na acta não é exigida a motivação, no tocante aos factos considerados provados. IV - Porém, quando a sentença é logo ditada para a acta, em julgamento...
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