Acórdão nº 001632 de Supremo Tribunal de Justiça (Portugal), 23 de Outubro de 1987
Magistrado Responsável | LICINIO CASEIRO |
Data da Resolução | 23 de Outubro de 1987 |
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: LCT69 ART9 N3 ART10 N1 N2 ART12 N1 N5 N6 ART20 D ART27 N1 N2 ART31 N2. DL 372-A/75 DE 1975/07/16 ART10 N1 ART12 N5 N6.
Jurisprudência Nacional: AC STA PROC8954 DE 1978/02/14. AC RP DE 1983/10/24 IN BMJ N320 PAG543. AC STJ DE 1984/12/07 IN AD N279 PAG361. AC STJ DE 1985/11/15 IN AD N290 PAG251. AC STJ PROC901 DE 1985/03/01. AC STJ PROC1012 DE 1985/05/10.
Sumário : I - O conceito de "justa causa" encontra-se definido no n. 1 do artigo 10 do Decreto-Lei n. 372-A/75 na redacção que lhe foi dada pelo Decreto-Lei n. 841-C/76, e assim ela consiste no comportamento culposo do trabalhador que, pela sua gravidade e consequencias torna imediata e praticamente impossivel a subsistencia da relação de trabalho. II - E, em concreto, que a analise da gravidade da infracção tem de fazer-se para se concluir sobre se deve ou não considerar-se o correspondente comportamento como "justa causa de despedimento". III - O dever de lealdade...
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