Acórdão nº 003523 de Supremo Tribunal de Justiça (Portugal), 13 de Janeiro de 1993
| Magistrado Responsável | SOUSA MACEDO |
| Data da Resolução | 13 de Janeiro de 1993 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CPC67 ART729. LCT69 ART12 N2.
Sumário : I - Num documento particular as referências acidentais, elementos pré-existentes no instrumento que não completem o conteúdo, declarações de mera rotina e menções burocráticas não valem como declaração testemunhal ou constitutiva. II - Assim, a circunstância de se ter utilizado um impresso que era titulado "candidatura de admissão" e de, um pedido de certificado de registo criminal, se ter escrito que se destinava a "concurso bancário", são elementos anódinos, sem significado. III - Os usos da empresa valem para determinação do regime jurídico do contrato de trabalho desde que se verifique a existência de: a) um elemento objectivo - um hábito seguido e praticado de longa data no meio em que se integra (profissão, região...
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