Acórdão nº 001296 de Supremo Tribunal de Justiça (Portugal), 18 de Abril de 1986
| Magistrado Responsável | MELO FRANCO |
| Data da Resolução | 18 de Abril de 1986 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR TRAB - ACID TRAB. DIR PROC CIV.
Legislação Nacional: CPT79 ART60. L 2127 DE 1965/08/03 BXVII N1 N2 BXVIII N4. L 1942 DE 1936/07/27 ART27. D 360/71 DE 1971/08/21. CE54 ART46 N6. CPC67 ART722 N2 ART729 N2.
Jurisprudência Nacional: AC STJ DE 1983/03/22 IN BMJ N324 PAG578.
Sumário : I - Embora a Seguradora, Re, tenha alegado a descaracterização do acidente como de trabalho indemnizavel, por falta grave e indesculpavel da vitima, abandonou essa tese manifestando essa intenção, maxime, ao invocar a violação das Bases XVIII n. 4 e XVII n. 4 da Lei n. 2127, atribuindo a culpa do acidente a entidade patronal e aceitando a subsidiariedade da sua responsabilidade. II - No dominio da Lei n. 1942, face ao seu artigo 22, entendia-se que esta disposição abrangia apenas a falta de observancia das normas sobre higiene e segurança do trabalho, mas, hoje, face a nova lei, ha responsabilidade agravada quando o acidente resultar de culpa da...
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