Acórdão nº 9840573 de Supremo Tribunal Administrativo (Portugal), 12 de Outubro de 1998
Magistrado Responsável | SOUSA PEIXOTO |
Data da Resolução | 12 de Outubro de 1998 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CCIV66 ART366 ART376 ART396. DL 64-A/89 DE 1989/02/27 ART9 N1 ART13 N3.
Jurisprudência Nacional: AC RL DE 1991/03/20 IN CJ T2 ANOXVI PAG216. AC RC DE 1992/05/13 IN CJ T3 ANOXVII PAG158. AC STJ DE 1994/02/09 IN CJSTJ T1 ANOII PAG287.
Sumário: I - Não tendo havido registo da prova testemunhal e não havendo nos autos documentos com força probatória superior à daquela, a Relação não pode alterar a decisão da 1ª instância sobre a matéria de facto. II - O valor probatório dos documentos particulares, com autoria reconhecida, advém do seu carácter confessório e, por essa razão, só gozam de força probatória plena contra o seu autor e não contra terceiros. III - Não constitui justa causa de despedimento o facto de o vendedor deixar de apresentar os relatórios semanais de visitas a clientes se, tendo exposto ao Director Comercial da empresa as razões porque considerava desnecessária a sua elaboração, este se tiver mostrado compreensivo com a posição por ele assumida. IV - Também não constitui justa causa de despedimento o...
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