Acórdão nº 229-07.0TTCSC.L1-4 de Court of Appeal of Lisbon (Portugal), 01 de Março de 2010
Magistrado Responsável | ISABEL TAPADINHAS |
Data da Resolução | 01 de Março de 2010 |
Emissor | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: APELAÇÃO Decisão: CONFIRMADA A DECISÃO Sumário: I – A ré defende-se por impugnação se quando relata factos integrantes de uma nova versão diferente da apresentada pela autora da qual se depreende que a ré entende que o contrato que celebrou com a autora não é um contrato de trabalho subordinado, ao invés do caracterizado pela autora mas sim um contrato de prestação de serviços, pretendendo com isto obstar a que se produza o efeito jurídico pretendido pela autora e embora não negue que tenha sido celebrado entre as partes um contrato, invoca factos que integram uma versão diferente da modalidade desse contrato.
II - A intervenção principal - espontânea ou provocada -, não é admissível se forem contrapostos os interesses substantivos ou processuais do chamado e da parte ao lado de quem se pretende que intervenha.
III – O art. 31.º-B do Cód. Proc. Civil prevê a figura do litisconsórcio eventual ou subsidiário que permite ao autor a formulação de um pedido principal contra quem considera ser o provável devedor e de um pedido subsidiário contra hipotético titular passivo do débito, no caso de dúvida...
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