Acórdão nº 001977 de Supremo Tribunal de Justiça (Portugal), 09 de Dezembro de 1988
Magistrado Responsável | LICINIO CASEIRO |
Data da Resolução | 09 de Dezembro de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CADM40 ART416 ART425. DL 413/71 DE 1971/09/27 ART72 N1. DL 166/82 DE 1982/05/10 ART3. DL 41/84 DE 1984/02/03 ART10 N3 I ART11 N2 ART42. DL 180/85 DE 1985/07/22. DL 781/76 DE 1976/10/28 ART6. DL 372-A/75 DE 1975/07/16 ART4 ART12.
Jurisprudência Nacional: AC STJ DE 1982/06/18 IN BMJ N318 PAG310. AC STJ DE 1980/05/16 IN BMJ N297 PAG181.
Sumário : I - O artigo 72 do Decreto-Lei n. 413/71, de 27 de Setembro, não proibiu a celebração, pelos organismos e serviços dependentes do Ministerio da Saude, de contratos de trabalho, a prazo ou sem prazo, sujeitos ao "Regime Juridico do Contrato individual de Trabalho" aprovado pelo Decreto-Lei n. 49408, de 24 de Novembro de 1969, nem estabeleceu um regime especial para os contratos de trabalho a prazo celebrados por aqueles serviços, antes criando um meio de recrutamento precario de pessoal. II - Os contratos mediante os quais ficaram os recorrentes ao serviço do Hospital Geral de Santo Antonio desde 1981, prevendo-se um prazo inicial que foi sendo tacitamente prorrogado por imposição de necessidades permanentes...
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