Acórdão nº 001584 de Supremo Tribunal de Justiça (Portugal), 15 de Maio de 1987
Data | 15 Maio 1987 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: RODRIGUES DA SILVA IN DIREITO DO TRABALHO SUPLEMENTO AO BMJ PAG213.
Área Temática: DIR PROC CIV. DIR CIV - TEORIA GERAL. DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CPC67 ART668 N1 B ART722 N2. CCIV66 ART9 N3 ART289 ART368 ART370 ART371 ART376 N1 N2. DL 372-A/75 DE 1975/07/16 ART10 N2 A ART12 N1 N2. LCT69 ART20 N1 A N2 ART22 N2. CE54 ART40.
Jurisprudência Nacional: AC STJ DE 1982/06/22 IN BMJ N316 PAG415. AC STJ DE 1986/05/02 IN AD N296 - N297 PAG1100. AC RP DE 1980/06/23 IN BMJ N306 PAG195. AC STJ DE 1981/04/08 IN BMJ N306 PAG195. AC STJ PROC1469 DE 1987/01/16.
Sumário : I - O erro na apreciação das provas e na fixação dos factos materiais da causa não pode ser objecto de recurso de revista. II - A censura do Supremo Tribunal de Justiça confina-se a legalidade do apuramento dos factos e não respeita directamente a existencia ou inexistencia destes. III - Para que haja desobediencia como justa causa de despedimento e necessario que tal desobediencia seja ilegitima e que a ordem cujo cumprimento foi recusado emane de pessoa a quem o trabalhador deve obediencia, em face da posição hierarquica de cada uma das partes da relação de trabalho. (artigo 20, n. 1, alinea a) e n. 2 da L.C.T.). IV - Assim, sendo a ordem ilegitima e a recusa legitima, não se verifique então a infracção disciplinar de desobediencia. V - Para a aplicação da sanção maxima, que e o despedimento, e necessario verificar-se a existencia de culpa...
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