Acórdão nº 0005164 de Supremo Tribunal Administrativo (Portugal), 08 de Janeiro de 1997 (caso None)
Magistrado Responsável | DINIZ ROLDÃO |
Data da Resolução | 08 de Janeiro de 1997 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CONST89 ART47 N2 ART53. LCT69 ART1. LCCT89 ART1 ART13 ART44 N2 ART47. DL 280/85 DE 1985/07/22. DL 118/86 DE 1986/05/27 ART3 N1. DL 292/86 DE 1986/09/10. DL 184/89 DE 1989/06/02 ART1 ART7 N2 ART9 N1 N2. DL 427/89 DE 1989/12/07 ART14 N1 N3 ART37 ART38 ART43 N2 ART45. DL 81-A/96 DE 1996/06/21 ART3.
Sumário: I - Há contrato de trabalho (civil) quando o agente se obriga a prestar a sua actividade profissional a uma pessoa colectiva de direito público (v.g., o Estado), sob a autoridade e direcção dos respectivos órgãos, mas sem submissão ao estatuto legal da função pública - quer a exclusão deste regime seja feita por lei, quer conste do próprio contrato. II - No caso dos autos, a Autora - que foi contratada a termo em 1991/01/07, para exercer funções de Auxiliar de Acção Educativa para determinado estabelecimento de ensino - viu o respectivo contrato anualmente renovado pelo Estado (Ministério da Educação), tendo a relação laboral ultrapassado o prazo de duração máxima, de três anos, previsto na lei geral (a LCCT 89), para a qual remete, como lei subsidiária, o art. 14, n. 3, do DL n. 427/89, de 7 de Dezembro. III - A situação rege-se pelos limites impostos pelo n. 2 do art. 44 da LCCT 89, pois não poderiam tais contratos a termo ter tido uma duração superior a três anos. Tendo sido, porém, neste caso, ultrapassado este limite máximo...
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