Acórdão nº 004328 de Supremo Tribunal de Justiça (Portugal), 13 de Dezembro de 1995
Magistrado Responsável | LOUREIRO PIPA |
Data da Resolução | 13 de Dezembro de 1995 |
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 CIV - RECURSOS. DIR CONST - DIR FUND.
Legislação Nacional: CPC67 ART722 N2. DL 64-A/89 DE 1989/02/27 ART9 N1 ART34 N1 ART35 N1 B N2 B. LCT69 ART21 N1 D ART22 N2. CONST89 ART53 N1 B.
Jurisprudência Nacional: AC STJ DE 1993/09/29 IN AD N385 PAG112. AC STJ DE 1988/11/25 IN AD N326 PAG264. AC STJ DE 1992/03/25 IN AD N376 PAG480.
Sumário : I - A lei não define expressamente o que seja justa causa quando a rescisão do contrato seja da iniciativa do trabalhador, mas não pode deixar de entender-se que o conceito constante do artigo 9 n. 1 do Decreto-Lei 64-A/89, de 27 de Fevereiro, para o despedimento pela entidade patronal, é igualmente aplicável áquela hipótese, com as devidas adaptações. II - Para se desvincular com justa causa subjectiva, o trabalhador tem que provar uma conduta culposa da entidade patronal, subsumível a qualquer dos comportamentos enunciados no artigo 35 do Decreto-Lei 64-A/89 e que torne praticamente impossível a subsistência da relação de trabalho, ou seja, que se tenha tornado inexigível a sua permanência...
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