Acórdão nº 002344 de Supremo Tribunal de Justiça (Portugal), 30 de Março de 1990 (caso NULL)
Magistrado Responsável | MARIO AFONSO |
Data da Resolução | 30 de Março de 1990 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CONST76 ART53. DL 372-A/75 DE 1975/07/16 ART9 N1 N3 ART10 N1 N2 D E ART12 N5 N6. LCT69 ART20 N1 B D.
Jurisprudência Nacional: AC STJ PROC1128 DE 1985/12/10. AC STJ PROC1502 DE 1987/06/05. AC STJ PROC1885 DE 1988/06/23.
Sumário : I - Por força do principio da segurança do emprego, consagrado no artigo 53 da Constituição da Republica, como um direito fundamental inserido "nos direitos, liberdades e garantias", nenhum trbalhador pode ser despedido sem justa causa. II - No conceito de justa causa concorrem um elemento subjectivo - o comportamento imputavel a culpa, por acção ou omissão, do trabalhador, outro, objectivo, que se traduz no desvalor juslaboral desse comportamento e nas suas consequencias negativas, cuja gravidade comprometa por forma irremissivel a manutenção da relação de trabalho. III - O juizo de prognose dessa impossibilidade estrutura-se em criterios objectivos, ou seja, os proprios de um bom pai de familia ou de um empregador normal, tendo-se em conta os criterios de valorização definidos nos ns. 5 e 6 do artigo 12 da Lei de Despedimentos. IV - Como a relação de trabalho tem vocação de perenidade, apenas se justificara o recurso a sanção expulsiva ou rescisoria do contrato de trabalho, que o despedimento representa, quando se revelarem inadequadas para o caso as medidas conservatorias ou correctivas, actuando, assim, o principio da proporcionalidade. V - Na...
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