Acórdão nº 004435 de Supremo Tribunal de Justiça (Portugal), 10 de Julho de 1996
Magistrado Responsável | ALMEIDA DEVEZA |
Data da Resolução | 10 de Julho de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA. AGRAVO.
Decisão: NEGADA A REVISTA. NEGADO PROVIMENTO.
Indicações Eventuais: M FERNANDES IN DIR TRAB VOLI PÁG461. MENEZES CORDEIRO IN MANUAL DO DIR TRAB PÁG822 1991. LOBO XAVIER IN CURSO DE DIR TRAB 1992 PÁG488.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB. DIR PROC CIV. DIR CIV - DIR OBG.
Legislação Nacional: CPC67 ART513 ART523 ART543. LCCT89 ART9 N1 N2 A ART12 N5. CCIV66 ART762. LCT69 ART18 N1 ART19 ART20 N2 ART21 ART39 N1.
Jurisprudência Nacional: AC STJ DE 1990/10/31 IN BMJ N400 PAG519. AC STJ DE 1991/07/03 IN AD N360 PAG1421. AC STJ DE 1994/12/07 IN CJSTJ ANOII TIII PAG303. AC STJ DE 1995/10/11 IN CJSTJ ANOIII TIII PAG277.
Sumário : I - A prova por documentos está subordinada a certos princípios: - devem destinar-se a fazer prova dos fundamentos da acção ou da defesa e só podem recair sobre os factos constantes do questionário. II - Assim, se o documento falta aos referidos princípios, sendo impertinente, por se referir a factos estranhos à matéria da causa e desnecessário, por conter factos que não importam ao julgamento da acção, nos termos do artigo 543 do Código do Processo Civil, pode o Juiz exercer o poder que este artigo lhe confere: ordenar o seu desentranhamento ou não admitir a sua junção. III - O n. 1 do artigo 9 da LCCT dá-nos a noção de justa causa como sendo o comportamento do trabalhador que, pela sua gravidade e consequências, torne imediata e praticamente impossível a subsistência da relação de...
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