Decisões Sumárias nº 158/15 de Tribunal Constitucional (Port, 24 de Fevereiro de 2015
Magistrado Responsável | Cons. João Cura Mariano |
Data da Resolução | 24 de Fevereiro de 2015 |
Emissor | Tribunal Constitucional (Port |
DECISÃO SUMÁRIA N.º 158/2015
Processo n.º 143/15
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Secção
Relator: Conselheiro João Cura Mariano
Relatório
O Ministério Público instaurou no Tribunal do Trabalho do Porto, ao abrigo do artigo 15.º-A da Lei n.º 107/2009, de 14 de setembro, e dos artigos 186.º-K e 186.º-L do Código de Processo de Trabalho, ação declarativa de reconhecimento de existência de contrato de trabalho contra A., S.A., pedindo que fosse declarada a existência de um contrato de trabalho entre as trabalhadoras B., C., D., E. e F. e a Ré.
O Tribunal do Tribunal do Porto proferiu despacho saneador em 28 de janeiro de 2015, no qual, conhecendo da questão da inconstitucionalidade dos artigos 26.º, n.º 1, al. i), e n.º 6, e 186.º-K a 186.º-R do Código de Processo de Trabalho, suscitada pela Ré, decidiu recusar a aplicação das referidas normas com fundamento na sua inconstitucionalidade e, em consequência, absolver a Ré da instância.
O Ministério Público recorreu desta decisão para o Tribunal Constitucional, ao abrigo da alínea a), do n.º 1, do artigo 70.º, da Lei de Organização, Funcionamento e Processo do Tribunal Constitucional (LTC), pedindo a fiscalização da constitucionalidade das normas cuja aplicação foi recusada.
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Fundamentação
A presente questão de constitucionalidade já foi objeto de apreciação por este Tribunal que, no Acórdão n.º 94/2015 (acessível em www.tribunalconstitucional.pt) decidiu não...
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