Acórdão nº 081202 de Supremo Tribunal de Justiça (Portugal), 03 de Novembro de 1991
Magistrado Responsável | BEÇA PEREIRA |
Data da Resolução | 03 de Novembro de 1991 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: A REIS COMENTÁRIO AO CPC VOLIII PAG268 PAG206.
Área Temática: DIR CONST - DIR FUND. DIR TRAB - CONTRAT INDIV TRAB. DIR PROC TRAB. DIR PROC CIV. DIR CIV - TEORIA GERAL.
Legislação Nacional: CONST82 ART53 ART58 N1. DL 372-A/75 DE 1975/07/16 ART11 N5 N6 N7 N8 N9. L 48/77 DE 1977/07/04 ARTÚNICO. CPT81 ART38 N1. CPC67 ART3 N1 ART26 ART97 ART156 N2 ART264 ART279 ART284 N2 ART399. CPC61 ART284 N2 ART384 N1. CPC39 ART289 PAR1. CCIV66 ART8 N1.
Sumário : I - O instituto de suspensão de despedimento decretado pela entidade patronal contra um trabalhador seu, primeiro em moldes apertados mediante a redacção nova do artigo 11, n. 5 a 9 do Decreto-Lei n. 372-A/75 de 16 de Julho, dada pelo artigo único da Lei n. 48/77 de 4 de Julho, e, posteriormente, em moldes gerais dos artigos 38 e seguintes do Código Processo de Trabalho, constitui como o artigo 38, n. 1, deste último diploma, expressamente refere, uma providência cautelar, e de natureza especificada ou nominada, em contrário das do artigo 399 do Código de Processo Civil. II - Como qualquer outro procedimento cautelar, visa obviar ao perigo de mora na declaração e execução do direito pelos processos normais, estando o seu campo de aplicação delimitado pela especificidade do fim que a lei lhe assinala - a suspensão do despedimento que o trabalhador atingido tenha como ferido de vício de forma ou de fundo susceptível de levar ao seu...
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