Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
Zahara Comércio, S.A. lodged an ordinary appeal on grounds of unconstitutionality against a judgment of the Benguela Court of Appeal which, in an employment dispute, refused to apply as unconstitutional Articles 208(3) and 209(3) of the General Labour Law, capping compensation for unlawful dismissal according to company size, and increased the award against the appellant. The First Chamber held that those provisions do not breach the principles of equality and fair compensation, allowed the appeal and returned the case.
Decision
Appeal allowed; provisions held not unconstitutional
Type of proceedings
Ordinary appeal on grounds of unconstitutionality (Recurso Ordinário 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.