Acórdão nº 0053834 de Court of Appeal of Lisbon (Portugal), 10 de Janeiro de 1990
Magistrado Responsável | QUEIROGA CHAVES |
Data da Resolução | 10 de Janeiro de 1990 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CPI62 ART6 PAR3. DL 183-A/80 DE 1980/09/06. CPT81 ART37. CCOM888 ART248.
Jurisprudência Nacional: AC RC DE 1976/10/11 IN CJ ANO1976 N2 PAG295. AC STJ DE 1986/07/25 AD N304 PAG579.
Sumário: I - O § 3 do artigo 6 do Código do Imposto Profissional, aditado pelo DL n. 183-A/80, de 9 de Junho, dispensa de apresentação da declaração prevista no corpo do artigo, entre outros, a pessoas que exerçam qualquer actividade por conta de outrem e cujas remunerações provenham de uma única entidade pagadora. II - Assim, encontrando-se o Autor nesta situação, não deve a instância ser suspensa nos termos do art. 37 do Código de Processo do Trabalho, por falta de apresentação daquela declaração - pelo que o processado não tem que ser anulado. III - O facto de o Autor ter sido, durante algum tempo, sócio-gerente da Ré, - deixando de o ser, a partir de 1-1-1988 - não obsta a que entre ele e esta tenha existido um contrato de trabalho, uma vez que o Autor prestou trabalho...
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