Uma Análise ao Novo Poder da ACT: O Impedimento da Cessação do Contrato de Trabalho

Abstract

The constitutional guarantee of job security and the prohibition of dismissals without just cause, provided by the 53^th article of the Portuguese Constitution, does not legitimize the usurpation and offense of the courts power by administrative entities, which, if it occurs, may result in the nullity of their activity. Those, as organs of sovereignty with the responsibility to administrate justice on behalf of the people, under the terms of paragraphs 1, 2 and 3 of 202^nd article, of the Portuguese Constitution, are responsible for ensuring the defense of legal and protected rights and interests of the citizens, even if assisted by other authorities, as long as the guarantee of separation of powers, stipulated in the 2^nd of the Portuguese Constitution, is not disrespected.