Acórdão nº 002055 de Supremo Tribunal de Justiça (Portugal), 19 de Abril de 1989
Magistrado Responsável | MARIO AFONSO |
Data da Resolução | 19 de Abril de 1989 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB. DIR COM - SOC COMERCIAIS. DIR CIV - DIR CONTRAT. DIR PROC CIV - RECURSOS.
Legislação Nacional: CCIV66 ART1152. LCT69 ART1. DL 49408 DE 1969/11/24. CCOM888 ART224 ART227. DL 321/81 DE 1981/07/28 ART32. LSQ ART39 PAR3. CSC86 ART251 N1. DL 372-A/75 DE 1975/07/16 ART12 N1.
Jurisprudência Nacional: AC STJ DE 1986/02/07 IN BMJ N354 PAG380. AC STJ DE 1983/12/16 IN BMJ N332 PAG418.
Sumário : I - O "contrato de conta em participação" não e incompativel com a manutenção de um "contrato de trabalho", quando o comparticipante oculto não exerce efectivas funções de gerencia. II - A "qualidade de socio" de uma sociedade por quotas não afronta a possibilidade de co-existencia de um "contrato de trabalho", ja que, constituindo a sociedade uma individualidade distinta da dos socios, nada obsta a que estes possam prestar trabalho subordinado aquela; tudo depende do titulo por que se verifica a prestação do trabalho, o que so pode apurar-se casuisticamente. III - Se o contrato de trabalho preexistir a aquisição da qualidade de socio e este nunca exercer...
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