Acórdão nº 0022124 de Court of Appeal of Lisbon (Portugal), 21 de Maio de 1997
Magistrado Responsável | DINIZ ROLDÃO |
Data da Resolução | 21 de Maio de 1997 |
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: CPC67 ART511 ART668 N1 B D E. CPT81 ART45 B ART156 F. LCCT89 ART13 N1 B N3 ART23 N1 ART24 N1 A B C D N3. CPEREF93 ART28.
Jurisprudência Nacional: AC RL DE 1981/05/15 IN CJ ANO1981 TIII PAG89. AC RL DE 1981/06/29 IN CJ ANO1981 TIII PAG119. AC RL PROC405/95 DE 1995/11/22.
Sumário: I - Não há qualquer norma legal que obrigue o Juiz a identificar os documentos que serviram de base à fixação de factos, considerados provados documentalmente em despacho saneador-sentença que seja proferido. Basta que eles estejam juntos ao processo e que, sem necessidade de outro meio de prova, demonstrem factos alegados pelas partes, para que estes mesmos factos possam ser considerados provados no despacho saneador. II - O despedimento colectivo é ilícito sempre que se verifique alguma das situações previstas no n. 1 do art. 24 da LCCT89, maxime, se não for posta à disposição do trabalhador despedido, até ao termo do prazo de aviso prévio, a compensação por despedimento e, bem assim, os créditos vencidos ou exigíveis em virtude da cessação do contrato de trabalho. III - Os efeitos da ilicitude do despedimento colectivo são iguais aos previstos no art. 13 da LCCT89 para os casos dos...
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