Acórdão nº 001890 de Supremo Tribunal de Justiça (Portugal), 07 de Abril de 1988
Magistrado Responsável | GAMA VIEIRA |
Data da Resolução | 07 de Abril de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: DECIDIDO NÃO TOMAR CONHECIMENTO.
Área Temática: DIR PROC CIV. DIR PROC TRAB.
Legislação Nacional: CPC67 ART280 N1 ART282 ART686 N1. CPT81 ART37. CIP62 ART6 PAR3.
Jurisprudência Nacional: AC STJ DE 1982/05/07 IN BMJ N317 PAG174.
Sumário : I - A suspensão da instancia, prevista nos artigos 280, n. 1, do Codigo de Processo Civil e 37 do Codigo de Processo do Trabalho, tem por finalidade evitar que os interesses da Fazenda Nacional corram o risco de insatisfação, devendo ser ordenada oficiosamente, pelo juiz, logo que se verifiquem os casos referidos no artigo 282 do mesmo Codigo de Processo Civil. II - Em acção emergente de contrato individual de trabalho, proposta por um trabalhador, tendo em vista a condenação da entidade patronal no pagamento de indemnização, por despedimento sem justa causa, não sendo a re titular dos interesses que a suspensão da instancia visa acautelar - por so relevarem os interesses da Fazenda Nacional - nada a legitima para requerer a suspensão da instancia por eventual incumprimento, pelo autor, das leis fiscais. III - O requerimento da suspensão da instancia, formulado pela re, apenas exprime uma chamada de atenção, uma denuncia, visando alertar...
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