Acórdão nº 104/12.7TTFUN.L2-4 de Court of Appeal of Lisbon (Portugal), 18 de Dezembro de 2013
Magistrado Responsável | PAULA SÁ FERNANDES |
Data da Resolução | 18 de Dezembro de 2013 |
Emissor | Court of Appeal of Lisbon (Portugal) |
Decisão Texto Parcial:
Acordam do Tribunal da Relação de Lisboa A arguida, AA – Restauração Unipessoal, Lda, notificada para proceder ao pagamento da quantia de €3.315,50, respeitante a coima, multa, custas judiciais, pagamentos a trabalhador e segurança social, veio pedir o pagamento da mesma em 24 prestações mensais e sucessivas, invocando a sua difícil situação económica.
O Ministério Público pronunciou-se no sentido de não se opor ao requerido.
O tribunal recorrido no despacho de fls. 255 admitiu o pagamento do montante devido a título de coima, custas e multas em doze prestações mensais, iguais e sucessivas. No entanto, quanto às quantias devidas ao trabalhador e à segurança social, indeferiu o requerido pagamento em prestações, por falta de fundamento legal, por entender que nesta parte o pagamento faseado terá que ser acordado pela entidade empregadora, o trabalhador e a segurança social.
Arguida veio interpor recurso de tal despacho, tendo nele elaborado as seguintes, Conclusões (…) Cumpre apreciar e decidir A única questão suscitada é relativa à possibilidade dos créditos laborais do trabalhador e as dívidas à segurança social serem pagas em prestações mensais a requerimento da arguida.
Nestes autos de contra-ordenação laboral, por força do disposto no art.º37 do Regime processual aplicável às contra-ordenações laborais e de segurança social – Lei n.º 107/2009, compete ao MP a sua introdução em juízo. Sendo que, ao abrigo do n.º5 do art.º88 do DL n.º 433/82 (Regime geral das contra-ordenações) aplicável por força do artº60 da mesma Lei 107/2009, apenas, o pagamento...
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