Acórdão nº 0004614 de Court of Appeal of Lisbon (Portugal), 15 de Janeiro de 1997
Magistrado Responsável | CARLOS HORTA |
Data da Resolução | 15 de Janeiro de 1997 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC TRAB. DIR PROC CIV - PROC EXEC.
Legislação Nacional: CPT81 ART81. CONST76 ART58. CPC67 ART45 N1 ART684 N3 ART690 N1 ART710 N1 ART805 ART806 N1 ART818 ART819 ART930 N2 ART931 N1 ART933 N1 ART934. CCIV66 ART829 A. CP82 ART388. DL 262/83 DE 1983/06/16.
Jurisprudência Nacional: AC RC DE 1984/03/28 IN CJ ANO1984 T2 PAG70. AC RC DE 1985/02/20 IN BMJ N344 PAG459. AC STJ DE 1988/01/29 IN BMJ N373 PAG451. AC RL PROC461/92 DE 1992/09/23. AC STJ PROC461/93 DE 1993/09/22.
Sumário: I - O crime de desobediência tem como requisitos: ordem ou mandado legítimo, regularmente comunicada, emanada da autoridade competente, falta à sua obediência e intenção de desobedecer. II - A desobediência a uma decisão cível não reune os requisitos necessários para poder integrar esse tipo legal de crime. III - Só quando a decisão cível tem clara a ordem que quer ver cumprida e implícito o reconhecimento de que não existem outros meios de forçar o seu cumprimento, de modo a ser posta em cheque a autoridade que deu a ordem é que se poderá verificar o crime de desobediência. IV - No caso dos autos, condenada a Ré a reintegrar o Autor - o que ainda não fez! - a reintegração tem como alternativa legal a indemnização de antiguidade ou, então, a imposição da sanção pecuniária compulsória...
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