Acórdão nº 003465 de Supremo Tribunal de Justiça (Portugal), 27 de Janeiro de 1993
Magistrado Responsável | RAMOS DOS SANTOS |
Data da Resolução | 27 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. DIR PROC TRAB. DIR PROC CIV - RECURSOS.
Legislação Nacional: CPC67 ART668 N1 D ART716 ART729. CPT81 ART72. DL 64-A/89 DE 1989/02/27 ART9 N1. DL 519-C1/79 DE 1979/12/29 ART10. CCIV66 ART12.
Jurisprudência Nacional: AC STJ DE 1974/07/02 IN BMJ N239 PAG168. AC STJ PROC3486 DE 1993/01/13.
Sumário : I - A nulidade da primeira parte da alínea d) do n. 1 do artigo 668 do Código de Processo Civil só se verifica quando o juiz deixa de se pronunciar sobre alguma questão que devesse apreciar e não sobre algum argumento produzido pelas partes. II - No processo laboral a arguição de nulidade tem de ser feita no requerimento da interposição do recurso (artigo 72 do Código de Processo do Trabalho e artigos 716 n. 1 e 668 do Código de Processo Civil). III - Decidindo-se pela ilicitude do despedimento por...
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