Acórdão nº 3174/20.0T8CSC.L1.S2 de Supremo Tribunal de Justiça (Portugal), 10 de Maio de 2023
Magistrado Responsável | RAMALHO PINTO |
Data da Resolução | 10 de Maio de 2023 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
Processo 3174/20.0T8CSC.L1.S2 Revista Excepcional 95/23 Acordam na Formação a que se refere o nº 3 do artigo 672.º do Código de Processo Civil da Secção Social do Supremo Tribunal de Justiça: CAIXA ECONÓMICA MONTEPIO GERAL, no âmbito do presente processo em que é Autor AA, veio interpor recurso de revista excepcional para a Secção Social do Supremo Tribunal de Justiça, com fundamento, designadamente, no artigo 674.º, n.º 1, c) do Código de Processo Civil (CPC), invocando como Acórdão fundamento o Acórdão do Tribunal da Relação do Porto, de 10/10/2016, proferido no processo 4150/15.0T8MTS.P1 já transitado em julgado.
No recurso pode ler-se sobre a contradição invocada: “Trata-se da mesma questão de direito com os mesmos pressupostos de facto, porquanto ambos os arestos decidiram sobre como apurar o benefício pago pelo regime geral de segurança social para o efeito da aplicação do disposto na Cláusula 136.º do Acordo Colectivo de Trabalho do sector bancário (BTE n.º 3 de 22/01/2011 – Data de Distribuição: 24/01/2011), quando, além da carreira contributiva ao serviço do Banco, o pensionista tem carreira contributiva anterior; Trata-se de decisões expressas e opostas, pois no Acórdão recorrido decidiu-se, confirmando a sentença proferida pelo Tribunal da 1.ª instância, reconhecer ao Autor, o direito a pensão completa do CNP, deduzindo do valor a liquidar o correspondente aos anos de descontos para a Segurança Social enquanto trabalhador bancário, a calcular por aplicação de uma “regra de três simples pura”, enquanto que no Acórdão proferido no processo 4150/15.0T8MTS.P1, já transitado em julgado, se decidiu, confirmando igualmente a sentença proferida pelo Tribunal da 1.ª Instância, julgar totalmente improcedente a ação e absolver a Ré do pedido, o qual correspondia, entre o mais, a reconhecer ao...
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