A prisão do trabalhador e as suas consequências no contrato de trabalho

Abstract

The present study will focus on the imprisonment of the worker, and, for the purpose of accomplishment, we will subdivide it into four chapters: the introduction; the remand detention of the worker; the imprisonment of the worker; and, at last, the conclusions. Be aware that, the parts that concern pre-trial detention and imprisonment of the worker are going to be subdivided into sections. Hence, we will expose the different theses presented within national doctrine and jurisprudence, keeping also in mind the comparative law, since these are not exclusive situations of the Portuguese legal system. In addition, we will try to articulate the different arguments presented by authors and magistrates with our understanding, which is not always defined, as it was already emphasized. As for the subject itself, let us reiterate that we are dealing with something quite complex that, in addition to not finding a legal solution, also deals with several figures of labor law, such as the suspension or the termination of employment contract. Finally, it is important to mention that our main difficulty in this issue was the fact that the arrest of the worker is at a point equidistant between the private sphere and the worker's labor domain, which implies that such situations must be handled with a fine-tooth comb. There- fore, we must confess that we cannot give a conclusive solution in certain aspects.

Date of Award	15 Sept 2017
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Milena Rouxinol (Supervisor)