Decreto-Lei n.º 44/77, de 02 de Fevereiro de 1977
Decreto-Lei n.º 44/77 de 2 de Fevereiro Tornando-se necessário resolver de forma definitiva as dúvidas suscitadas quanto à aplicabilidade aos tribunais do trabalho da legislação vigente que regulamenta o regime da assistência judiciária; Não esquecendo, por outro lado, que a extensão de tal regime a qualquer jurisdição se justifica pelo respeito devido ao princípio de que o acesso aos tribunais não pode estar dependente dos meios económicos de cada cidadão, como impõe o artigo 20.º, n.º 1, da Constituição da República: Nestes termos: O Governo decreta, nos termos da alínea a) do n.º 1 do artigo 201.º da Constituição, o seguinte: Artigo 1.º É aplicável nos tribunais do trabalho o regime da assistência judiciária definido pela Lei n.º 7/70, de 9 de Junho, e pelo Decreto n.º 562/70, de 18 de Novembro, com as alterações constantes do presente diploma.
Art. 2.º - 1. A declaração de rendimentos e encargos a que se refere o artigo 2.º do regulamento aprovado pelo Decreto n.º 562/70 será feita sob compromisso de honra, presumindo-se exactos os factos declarados para o efeito.
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A prestação de falsas declarações, além de fazer incorrer o requerente nas sanções previstas na lei penal, importa sempre a perda de benefícios já concedidos e bem assim a impossibilidade de recurso ao patrocínio do agente do Ministério Público.
Art. 3.º Presume-se haver insuficiência económica dos trabalhadores por conta de outrem sempre que estes se encontrem em qualquer das situações seguintes: a) Reunirem as condições exigidas para a atribuição do subsídio de...
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