Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
A worker lodged an extraordinary appeal on grounds of unconstitutionality against a judgment of the Labour Chamber of the Supreme Court that treated his dismissal, made without disciplinary proceedings, as unfounded rather than null. He invoked the rights of defence, adversarial proceedings and fair compensation. The Court allowed the appeal and declared the judgment unconstitutional, since a dismissal without disciplinary proceedings is null, breaching the rights to job security and fair compensation under Article 76 of the Constitution.
Decision
Appeal allowed
Type of proceedings
Extraordinary appeal on grounds of unconstitutionality (Recurso Extraordinário de Inconstitucionalidade)
Full text
The judgment is published in Portuguese only, and only the Portuguese text is authentic. Read the judgment in Portuguese or download the official PDF.