Questão jurídica principal
Whether unemployment benefits from 1 October 2008 were barred because the spouse retained an employer-like position in the company.
Decisão extraída
Yes. The wife remained a shareholder-director and, from October 2008, liquidator with sole signature; therefore the insured person had no entitlement to unemployment benefits.
Fundamentação extraída
The case law on employer-like persons applies analogously to their spouses claiming unemployment benefits. The decisive point is the risk of abuse inherent in the position, not proof of actual abuse. Since the spouse kept control of the company, the exclusion applied and the condition of contribution periods could remain open.