Acórdão nº 0016704 de Court of Appeal of Lisbon (Portugal), 04 de Junho de 1997
Magistrado Responsável | GUILHERME PIRES |
Data da Resolução | 04 de Junho de 1997 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC TRAB.
Legislação Nacional: CPC67 ART684 N3 ART690 N1. LCCT89 ART7 N1 A ART10 N1 N5 ART12 N1 A N3 B.
Jurisprudência Nacional: AC RC DE 1988/05/24 IN CJ ANO1988 TIII PAG133.
Sumário: I - A nota de culpa, em processo disciplinar, deverá conter a descrição circunstanciada dos factos que são imputados ao trabalhador, particularizando para cada facto as circunstâncias de tempo, modo e lugar ou outros que identifiquem o comportamento concreto reprovado, tudo com vista a permitir ao trabalhador acusado a possibilidade de se defender eficazmente da acusação. II - Constando da nota de culpa somente afirmações vagas e imprecisas, sem referência ao tempo, tornando praticamente impossível a cabal defesa do arguido, tal constitui nulidade insuprível do processo disciplinar. III - A entidade empregadora - nos termos do n. 5 do art. 10 da LCCT 89 - directamente ou através do Instrutor que tenha nomeado, procederá obrigatoriamente às diligências probatórias requeridas na resposta à nota de culpa, a menos que as considere patentemente dilatórias ou impertinentes, devendo, nesse caso, alegá-lo fundamentadamente, por escrito. Ora, não tendo a...
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