Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
The operative part of this judgment is handwritten in the official PDF (page 12). The Portuguese page shows an unofficial transcription.
Clínica Sagrada Esperança, Lda. lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court Labour Chamber judgment annulling dismissals because the workers were heard on the day of the summons, contrary to case law allowing five days for the defence. It invoked fair trial, legal certainty, separation of powers and effective judicial protection. The Court found no constitutional breach, as the judgment had legitimately filled a legal gap and the company's defence had been filed late.
Decision
Appeal dismissed
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.