Acórdão nº 003900 de Supremo Tribunal de Justiça (Portugal), 02 de Fevereiro de 1994 (caso NULL)
Magistrado Responsável | DIAS SIMÃO |
Data da Resolução | 02 de Fevereiro de 1994 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: O ASCENSÃO IN O DIR-INTRODUÇÃO E TEORIA GERAL 1977 PÁG259. B MACHADO IN INTRODUÇÃO AO DIR E AO DISCURSO LIGITIMADOR 1983 PÁG116-1.
Área Temática: DIR PROC CIV - PROC ESP. DIR CIV - TEORIA GERAL. DIR JUDIC - ORG COMP TRIB. DIR CONST - PODER POL.
Legislação Nacional: DL 138/85 DE 1985/05/03 ART8 N1. CONST82 ART168 N1 Q. DL 260/76 DE 1976/04/08 ART37 N2 ART38 ART43 N4 N5. CPC67 ART66 ART67 ART1196 N1 ART1198 N1 ART1205 N2 ART1218. EJ62 ART6 N1 N2. DL 44278 DE 1962/04/11. CCIV66 ART7 N1 N2 N3. L 28/82 DE 1982/03/15 ART80 N1. LOTJ77. LOTJ87 ART46 N1 N2 ART53 ART56.
Jurisprudência Nacional: AC STJ DE 1989/06/22 IN BMJ N388 PÁG441. AC STJ DE 1990/06/27 IN AD N348 PÁG1608. AC STJ DE 1991/01/09 IN AD N352 PÁG555. AC STJ DE 1991/06/05 IN AD N359 PÁG1297.
Sumário : I - O Decreto-Lei 260/76, de 8 de Abril, que estabeleceu as bases gerais das empresas públicas, subtraíu a extinção e liquidação do seu património às regras sobre dissolução e liquidação de sociedades. II - Quando este diploma foi publicado, a organização judiciária então vigente integrava a jurisdição laboral no grupo dos tribunais especiais. III - A norma do n. 4 do artigo 43 do mesmo diploma, ao facultar aos credores duma empresa pública em liquidação, cujos créditos não fossem reconhecidos pelos liquidatários, o recurso aos tribunais comuns - o tribunal comum era o cível -, exclui essa matéria do âmbito da competência dos tribunais de trabalho, integrando-a na competência-regra do tribunal comum, isto é, do tribunal da comarca, com competência em matéria cível e criminal, ou do tribunal cível nas comarcas de Lisboa e do Porto. IV - As Leis 82/77, de 6 de Dezembro (L.O.T.J. 77) e 38/87, de 23 de Dezembro (L.O.T.J. 87) que...
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