Acórdão nº 0015154 de Court of Appeal of Lisbon (Portugal), 04 de Junho de 1997
Magistrado Responsável | DINIZ ROLDÃO |
Data da Resolução | 04 de Junho de 1997 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CPC67 ART668 N1 E ART715. CCIV66 ART342 N1. CPT81 ART69 ART72 N3. DL 409/71 DE 1971/09/27 ART5 ART10 ART11 N1 ART13 ART14 N2 ART15. DL 398/91 DE 1991/10/16 ART1. DL 219/93 DE 1993/06/16 ART14 N2 C. LCT69 ART49. L 2/91 DE 1991/01/17. DL 421/83 DE 1983/12/02 ART2 N1 A. DL 874/76 DE 1976/12/28 ART13. ACTV SECTOR BANCÁRIO CLAUS54 N4.
Jurisprudência Nacional: AC STJ DE 1993/05/05 IN CJSTJ T2 PAG276. AC STJ PROC141/96 DE 1997/02/05.
Sumário: I - Tendo, no requerimento de interposição de recurso, a Ré arguido a nulidade da sentença, uma vez que esta a condenou ultra petitum, devia o Juiz "a quo", nos termos da 2. parte do n. 3 do artigo 72 do CPT, ter suprido essa nulidade, antes de ordenar a subida dos autos a esta Relação. II - Apesar de ser nula a sentença, por inaplicabilidade, ao caso dos autos, do disposto no artigo 69 do CPT, esse facto não impede que esta Relação - declarando, embora, tal nulidade - conheça do objecto da apelação, ex vi artigo 715 do Código de Processo Civil. III - Não é legalmente viável a prática, meramente de facto, de prestação de trabalho em regime de isenção de horário de trabalho, sem prévia autorização legal dessa situação. IV - Não tendo a Ré, em qualquer momento, fixado um horário de trabalho, a prestar pelo Autor, ao seu serviço, nem requerido à autoridade legal competente qualquer isenção de horário de trabalho para aquele, ao...
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