Acórdão nº 0001414 de Court of Appeal of Lisbon (Portugal), 16 de Outubro de 1996
Magistrado Responsável | CARLOS HORTA |
Data da Resolução | 16 de Outubro de 1996 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CPC67 ART493 N3 ART510 N1 C ART684 N3 ART690 N1 ART712 N1 B. L 68/78 DE 1978/10/16 ART39 N1 C ART41. CPT81 ART57 N1 ART58 N1.
Jurisprudência Nacional: AC STJ DE 1988/01/06.
Sumário: I - Tendo a Ré deduzido, na sua contestação, defesa por excepção (embora sob forma inominada - artigo 493, n. 3, do Código de Processo Civil), a circunstância de o Tribunal não ter notificado o Autor, para responder a essa matéria, nos termos e no prazo indicados nos artigos 57, n. 1, e 58, n. 1, do Código de Processo do Trabalho, não é significativa, dado que ele tomou conhecimento do conteúdo desse articulado, ao ser notificado para deduzir oposição ao pedido de apoio judiciário formulado pela Ré, ora Apelada. II - Assim, não tendo respondido a essa matéria de excepção, têm-se por confessados os factos ali alegados pela ré. III - Tendo a Ré proposto acção, reivindicando a posse da sua empresa - entretanto, e desde 3-6-1975, em regime de autogestão, controlada pelo colectivo de trabalhadores - no que teve ganho de causa em todas as instâncias e no STJ, cujo acórdão transitou em 6-1-1988 - a situação de...
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