Acórdão nº 0077334 de Supremo Tribunal Administrativo (Portugal), 27 de Maio de 1992
Magistrado Responsável | ABILIO BRANDÃO |
Data da Resolução | 27 de Maio de 1992 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR TRAB.
Legislação Nacional: CCIV66 ART1152 ART1154. LCT69 ART1.
Sumário: I - Sabido que no contrato de trabalho um dos contraentes se obriga a prestar ao outro a sua actividade laboral e que no contrato de prestação de serviço se tem por objecto específico o resultado do trabalho, que não este em si mesmo, tal como resulta aliás dos artigos 1152 e 1154 do Código Civil; II - Sabido que a doutrina e a jurisprudência têm vindo a considerar que o único critério diferenciador entre estes dois tipos de contrato reside na subordinação jurídica, ou seja, no poder da entidade patronal conformar, através de ordens, directivas e instruções, a prestação a que o trabalhador se obrigou; III - O certo é que tal subordinação jurídica comporta graus e é, por vezes, difícil reconhecer a sua existência; daí que se recorra a determinados índices susceptíveis de a revelar, tais como, a existência de vinculação a um horário de trabalho, a execução da prestação de trabalho em local definido pela entidade patronal, a...
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