Acórdão nº 001357 de Supremo Tribunal de Justiça (Portugal), 20 de Junho de 1986
Magistrado Responsável | CORREIA DE PAIVA |
Data da Resolução | 20 de Junho de 1986 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC TRAB. DIR CIV - TEORIA GERAL. DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CCIV66 ART7 N2 ART9 N1 ART279 C ART323 N2. CPT63 ART50 N1 N3. CPT81 ART49 N3. DL 49408 DE 1969/11/24 ART38. DL 372-A/75 DE 1975/07/16 ART25 B. DL 54/74 DE 1974/02/15 ART28.
Jurisprudência Nacional: AC STA DE 1978/03/14 IN BTE N5 PAG848. AC STJ DE 1980/12/19 IN BMJ N302 PAG219. AC STJ DE 1986/03/18.
Sumário : I - Na vigencia do Codigo de Processo do Trabalho de 1963 (artigo 50, n. 3), o requerimento de tentativa de conciliação interrompia o prazo de prescrição dos creditos resultantes de contrato de trabalho ou da sua cessação. II - O efeito desse requerimento passou a ser o da suspensão do aludido prazo prescricional, por força do artigo 28 do Decreto-Lei n. 54/74, de 15 de Fevereiro, que ab-rogou o referido artigo 50, n. 3. III - Este efeito suspensivo, e não interruptivo, foi acolhido no n. 3 do artigo 49 do Codigo de Processo do Trabalho, aprovado pelo Decreto-Lei n. 272-A/81, de 30 de Setembro. IV - Frustada a tentativa de conciliação, o prazo prescricional volta a correr 30 dias depois da data em que a diligencia teve lugar. V - A prescrição interrompe-se apos o decurso dos cinco dias posteriores a proposição da acção - isto e, no sexto dia -, se a citação...
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