Acórdão nº 0588/14 de Supremo Tribunal Administrativo (Portugal), 10 de Julho de 2014
Magistrado Responsável | SÃO PEDRO |
Data da Resolução | 10 de Julho de 2014 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Formação de Apreciação Preliminar Acordam no Supremo Tribunal Administrativo 1. Relatório 1.1. O INSTITUTO POLITÉCNICO DE SETÚBAL recorreu, nos termos do art. 150º, 1, do CPTA, para este Supremo Tribunal Administrativo do acórdão do TCA Sul, que na ACÇÃO ADMINISTRATIVA COMUM instaurada por A…….., reconheceu o direito da autora a receber a compensação pela caducidade do seu contrato de trabalho em funções públicas, nos termos do n.º 3 do art. 252º do RCTFP.
1.2. Justifica a admissão do presente recurso pela divergência de decisões que têm sido proferidas relativamente à questão em apreço. Mais alega que, se é certo que a Lei 66/2012, de 31 de Dezembro, veio dar nova redacção ao artigo 252º, n.º 3, e a partir daí passou a haver sempre compensação desde que a caducidade não decorra da vontade do trabalhador, a questão mantém-se para os contratos anteriores àquela alteração.
1.3. A recorrida por seu turno considera que não se justifica admitir a revista.
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Matéria de facto Os factos provados são os que constam do acórdão recorrido, para onde se remete.
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Matéria de direito O recurso excepcional de revista só tem lugar quando esteja em causa a apreciação de uma questão que, pela sua relevância jurídica ou social, se revista de importância ou quando a admissão do recurso seja claramente necessária para uma melhor aplicação do direito - art. 150º, 1 do CPTA.
A questão em apreço é a de saber se é ou não devida compensação pela caducidade do contrato de trabalho a termo, tendo em...
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