Acórdão nº 1246/12.4TTLRS.L1-4 de Tribunal da Relação de Lisboa, 25 de Setembro de 2013
Magistrado Responsável: | ISABEL TAPADINHAS |
Data da Resolução: | 25 de Setembro de 2013 |
Emissor: | Tribunal da Relação de Lisboa |
Decisão Texto Parcial:
Acordam do Tribunal da Relação de Lisboa: Relatório AA veio, em 22 de Novembro de 2012, impugnar judicialmente a regularidade e licitude do seu despedimento promovido por BB – Importação e Exportação, SA ocorrido no dia 31.08.2012.
Realizada a audiência de partes e não tendo havido conciliação foi ordenada a notificação da ré para apresentar o articulado motivador do despedimento e o processo disciplinar, o que ela fez, por excepção – caducidade do direito de acção – e por impugnação concluindo pela procedência da excepção ou pela improcedência da acção com a declaração da regularidade e licitude do despedimento do autor e a sua absolvição.
O autor contestou pronunciando-se, além do mais pela improcedência da excepção, excepcionou a caducidade do direito de instaurar procedimento disciplinar e a invalidade do procedimento disciplinar e concluiu pela procedência da acção declarando-se a ilicitude do despedimento, a sua reintegração ou, em alternativa, se por isso optar oportunamente, indemnização de antiguidade e o pagamento do salário intercalar do mês anterior à propositura da acção acrescido de juros e dos demais salários e subsídios intercalares até à sentença.
Na resposta a ré pronunciou-se pela improcedência das excepções invocadas.
Findos os articulados foi proferido saneador-sentença que julgou procedente a excepção de caducidade do direito de acção e, em consequência, absolveu a ré do pedido.
Inconformado com a decisão da mesma interpôs o autor recurso, tendo sintetizado a sua alegação nas seguintes conclusões: (...) A ré contra-alegou pugnando pela manutenção do julgado.
Nesta Relação, o Exmo. Magistrado do M.P. teve vista nos autos nos termos e para os efeitos do disposto no art. 87.º, nº 3 do Cód. Proc. Trab.
Colhidos os demais vistos legais cumpre apreciar e decidir.
Como se sabe, os tribunais de recurso só podem apreciar as questões suscitadas pelas partes e decididas pelos tribunais inferiores, salvo se importar conhecê-las oficiosamente – tantum devolutum quantum appelatum (Alberto dos Reis “Código do Processo Civil Anotado” vol. V, pág. 310 e Ac. do STJ de 12.12.95, CJ/STJ Ano III, T. III, pág. 156).
No caso em apreço, não existem questões que importe conhecer oficiosamente.
A única questão colocada no recurso delimitado pelas respectivas conclusões (com trânsito em julgado das questões nela não contidas) – arts. 684.º, nº 3 e 685.º-A, nº 1 do Cód. Proc. Civil, na versão introduzida pelo...
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