Acórdão nº 003408 de Supremo Tribunal de Justiça (Portugal), 25 de Novembro de 1992
Magistrado Responsável | DIAS SIMÃO |
Data da Resolução | 25 de Novembro de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: MONTEIRO FERNANDES DIR TRAB I 7ED PAG479/480.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB. DIR CIV - TEORIA GERAL.
Legislação Nacional: DL 372-A/75 DE 1975/07/16 ART10 N1 RT11 N4. DL 64-A/89 DE 1989/02/27 ART2. LCT69 ART9 N1 ART101 N3. CCIV66 ART12.
Jurisprudência Nacional: AC STJ DE 1991/07/03 IN AD N360 PAG1421. AC STJ DE 1991/10/30 IN AD N362 PAG280. AC STJ DE 1991/05/15 IN AD N367 PAG917.
Sumário : I - Considera-se justa causa de despedimento o comportamento culposo do trabalhador que, pela sua gravidade e consequências, torne imediata e praticamente impossível a subsistência da relação de trabalho - n. 1 do artigo 10. II - A existência de justa causa de despedimento supõe a verificação cumulativa de três requisitos: um de natureza subjectiva, traduzido num comportamento culposo do trabalhador; outro de natureza objectiva consubstanciado na impossibilidade de subsistência da relação de trabalho; e, finalmente, a causalidade entre aquele comportamento e esta impossibilidade. III - Não pode falar-se em quebra de confiança que deve subsistir entre os sujeitos do contrato de trabalho quando o passado laboral do trabalhador e a circunstância de ele ter efectuado as amortizações devidas do capital mutuado até ser despedido justificam que a entidade patronal...
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