Acórdão nº 072984 de Supremo Tribunal de Justiça (Portugal), 10 de Outubro de 1985
Magistrado Responsável | GOIS PINHEIRO |
Data da Resolução | 10 de Outubro de 1985 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CADM40 ART572 ART815 PAR2 ART820 N8. CCIV66 ART1152 ART1154. CPC61 ART66 ART67. DL 129/84 DE 1984/04/27 ART9. DL 191-D/79 DE 1979/06/25 ART19. DL 24/84 DE 1984/01/16 ART18. DL 489/72 DE 1972/12/09 ART78.
Sumário : I - Diferentemente do contrato de trabalho, em que um dos contraentes se obriga a prestar apenas o seu trabalho, a prestação de serviços tem por objecto não o trabalho em si mas o resultado dele, e, para atingir esse fim, o prestador não fica sujeito a autoridade e direcção da pessoa ou entidade servida, exercendo a actividade conducente ao resultado pretendido como melhor entender, de harmonia com o seu querer e saber e a sua inteligencia. II - O traço caracteristico do contrato administrativo reside na associação duradoura e especial do particular a realização do fim administrativo atraves de uma vinculação que se traduz na submissão da actividade daquele, do particular, a direcção dos orgãos da entidade servida. III - Tratando-se de um contrato de prestação de serviços ele so assume a natureza de contrato administrativo quando a prestação do particular vise a fins de imediata utilidade publica, como resulta do artigo 815, paragrafo 2, do Codigo Administrativo, e do artigo 9 do Estatuto dos Tribunais Administrativos e Fiscais, aprovado pelo Decreto-Lei n. 129/84, de 27 de Abril. IV - Não e contrato administrativo o celebrado entre um magistrado aposentado e uma Camara...
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