Acórdão nº 002244 de Supremo Tribunal de Justiça (Portugal), 09 de Março de 1990
Magistrado Responsável | MARIO AFONSO |
Data da Resolução | 09 de Março de 1990 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CPT81 ART66 N1. CPC67 ART264 N1 ART268 ART650 F. DL 781/76 DE 1976/10/28 ART3 N2. CONST76 ART53. DL 64-A/89 DE 1989/02/27 ART1 N1 N2. DL 372-A/75 DE 1975/07/16 ART12 N1 N3 ART20.
Jurisprudência Nacional: AC STJ PROC1801 DE 1988/02/19. AC STJ PROC2043 DE 1988/02/02. AC STJ PROC2046 DE 1989/04/19. AC STJ PROC2148 DE 1989/10/13. AC STJ PROC2205 DE 1989/10/13. AC STJ PROC1809 DE 1989/01/29.
Sumário : I - Para a formulação de novos quesitos em audiencia, nos termos do artigo 66, n. 1 do Codigo do Processo do Trabalho, exige-se a verificação simultanea dos seguintes pressupostos: interesse para a boa decisão da causa; haver incidido discussão sobre a respectiva materia; não determinarem uma nova causa de pedir, nem alterarem ou modificarem a causa de pedir inicial. II - A formulação de novos quesitos pode ser requerida pelas partes. III - O principio da segurança no emprego, consagrado no artigo 53 da Constituição como um direito fundamental inserido nos direitos, liberdades e garantias dos trabalhadores, de que decorre, como corolario, a vocação da perenidade da relação de trabalho, postula se considere de caracter excepcional o contrato de trabalho a prazo admitido pelo Decreto-Lei 781/76...
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