Acórdão nº 003457 de Supremo Tribunal de Justiça (Portugal), 18 de Novembro de 1992
Magistrado Responsável | DIAS SIMÃO |
Data da Resolução | 18 de Novembro de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC TRAB. DIR PROC CIV - RECURSOS. DIR CONST - PODER POL / DIR FUND.
Legislação Nacional: CPT81 ART1 N2 A ART63 N1 ART67 N1 ART76 N1. CPC67 ART145 N3 ART653 N2 ART699 N1 ART705 N1 ART712 N3 ART721 N2 ART722 N2 ART726 ART729 N2. CONST82 ART32 ART208 N1. CPC876.
Jurisprudência Nacional: AC STJ DE 1979/05/13 IN AD N260 PAG1127. AC STJ DE 1980/03/26 IN BMJ N295 PAG280. AC STJ DE 1983/02/04 IN BMJ N324 PAG490. AC STJ DE 1988/05/20 IN BMJ N377 PAG386. AC STJ DE 1989/03/09 IN BMJ N385 PAG 535. AC STJ DE 1977/05/10 IN BMJ N267 PAG103. AC STJ DE 1978/11/21 IN BMJ N281 PAG241. AC TC DE 1988/12/14 IN BMJ N382 PAG230. AC TC DE 1988/03/09 IN BMJ N375 PAG138. AC STJ DE 1989/06/22 IN BMJ N388 PAG232. AC STJ DE 1989/11/15 IN BMJ N391 PAG488. AC STJ DE 1989/07/03 IN BMJ N391 PAG514.
Sumário : I - O modo de interposição do recurso de revista, em processo laboral não está especialmente regulado no Código de Processo de Trabalho, designadamente, no seu artigo 76, n. 1, apenas aplicável aos recursos de agravo e apelação. II - Assim, o recurso de revista tem de ser regulado em todos os seus aspectos pelo Código de Processo Civil. III - No recurso de revista, as partes podem alegar no tribunal a quo ou no tribunal ad quem. IV - Embora o Código de Processo de Trabalho não contenha nenhuma disposição a obrigar a fundamentação das respostas positivas aos quesitos, é aplicável o disposto no artigo 653, n. 2, do Código de Processo Civil, que estatui tal dever de fundamentar. V - Como suporte minímo da fundamentação somente é exigível a concretização do meio probatório gerador da convicção do julgador, devendo ainda, referir, na medida do possível as razões de credibilidade ou da força probatória reconhecida aos meios de prova aí indicados. VI - Este entendimento do...
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