Acórdão nº 004308 de Supremo Tribunal de Justiça (Portugal), 29 de Novembro de 1995
Magistrado Responsável | CARVALHO PINHEIRO |
Data da Resolução | 29 de Novembro de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: A VARELA MAN 2ED PAG689. B MOURA DIR TRAB PAG674. H MONTEIRO VONT CONTRAT RDES 1990 PAG195.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB. DIR CIV - TEORIA GERAL. DIR PROC CIV - RECURSOS. DIR CONST - DIR FUND.
Legislação Nacional: LCT69 ART18 N1 ART21 N1 D E ART22 N2 ART23 ART24 N1 ART32 CCIV66 ART342 N2. DL 215-B/75 DE 1975/04/30 ART35 N1 ART36 N1. CPC67 ART668 N1 C D ART716 N1 ART732. LCCT89 ART9 N1 N2 A. CONST89 ART13 ART55 ART59.
Jurisprudência Nacional: AC STJ DE 1990/10/31 IN BMJ N400 PAG519. AC STJ DE 1991/03/03 IN AD N360 PAG1421. AC STJ DE 1995/01/22 IN CJSTJ ANOIII T1 PAG274.
Sumário : I - A nulidade da sentença por oposição entre os fundamentos e a decisão verifica-se quando a sentença enferma de vício lógico que a compromete, ou seja, quando os fundamentos invocados deveriam, logicamente, conduzir a um resultado oposto ou diferente do expresso na decisão. II - Quando prevista na lei, regulamento, ou a IRC, a categoria é vinculativa para o empregador. III - Atenta a especificidade dos cargos de direcção e de chefia (tal como o cargo de gerente bancário), resultante de neles se projectar o poder directivo originário do empregador, envolvendo, por isso, uma especial valoração dos elementos confiança e nível de responsabilidade atribuída, não pode ligar-se à...
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