Acórdão nº 0012894 de Court of Appeal of Lisbon (Portugal), 21 de Maio de 1997
Magistrado Responsável | GUILHERME PIRES |
Data da Resolução | 21 de Maio de 1997 |
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: DL 138/85 DE 1985/05/03 ART4. DL 372-A/75 DE 1975/07/16 ART8 N1 B. CPC67 ART26. LCT69 ART38 N1. CCIV66 ART323 N2. CONST89 ART207.
Jurisprudência Nacional: AC TC 162/95 IN DR IS DE 1995/05/08.. AC RL PROC521/97 DE 1997/04/09. AC RL PROC1055/97 DE 1997/04/16.
Sumário: I - Não tendo o Estado Português sido, alguma vez, entidade patronal do Autor, nem resultando do DL n. 138/85, de 3 de Maio, a transmissão para o Estado da posição contratual detida pela CNN-Companhia Nacional de Navegação, E.P., limitando-se o Estado, através deste diploma, a decretar a extinção de uma empresa pública, por si criada, regulando os diversos procedimentos para se levar a cabo a sua total liquidação, carece o Estado de legitimidade para estar na acção, por por falta de interesse em contradizer. II - Sendo o Estado parte ilegítima para intervir na presente acção, é evidente que o Tribunal do Trabalho "a quo" é materialmente incompetente para conhecer da questão da responsabilidade solidária do Estado, em relação à CNN. III - Tendo o contrato de trabalho do Autor cessado, por motivo da extinção da Ré, ex vi, DL n. 138/85, em 7...
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