Acórdão nº 004284 de Supremo Tribunal de Justiça (Portugal), 08 de Novembro de 1995
Magistrado Responsável | ALMEIDA DEVEZA |
Data da Resolução | 08 de Novembro de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: M FERNANDES DIR TRAB 8ED PÁG161. B VAVIER CUES DIR TRAB PÁG329. M CORDEIRO MAN DIR TRAB 1991 PÁG679.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB / DIR SIND / REG COL TRAB. DIR CIV - TEORIA GERAL.
Legislação Nacional: LCT69 ART20 N1 ART21 ART22 N1 N2 N3 ART39 N1. DL 215-B/75 DE 1975/04/30 ART22 N1 N2. DL 874/76 DE 1976/12/28 ART26 N1. CCIV66 ART342 N2 ART344 N1 N2. LCCT89 ART9 N1 N2 A. CCTV PARA O SECTOR METALÚRGICA DE 1981 CLÁUS20 N2 CLAÚS80.
Jurisprudência Nacional: AC STJ DE 1991/04/17 IN AD N366 PAG818. AC STJ DE 1989/12/06 IN BMJ N392 PAG362. AC STJ DE 1994/05/19 IN ADSTJ N394 PAG1173.
Sumário : I - Segundo o disposto no artigo 9, n. 1 da L.C.C.T., aprovada pelo Decreto-Lei 64-A/89, de 27 de Agosto, é justa causa de despedimento o comportamento culposo do trabalhador que, pela sua gravidade e consequência, torne imediata e praticamente impossível a subsistência da relação de trabalho. II - Entre esses comportamentos figura a desobediência ilegítima às ordens dadas por responsáveis hierarquicamente superiores, a que está vinculado - artigo 20, n. 1 da L.C.T.- 69 - por força do contrato de trabalho. III - Porém, o trabalhador pode desobedecer legitimamente às ordens e...
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