Inépcia Da Inicial Cpc

Inépcia Da Inicial Cpc – As a result of the denial of the initial petition, the procedural approach of the judge of first instance or the jurisdiction of the court (by the informant or by the panel) is to prevent the continuation of the action.

The Magistrate, upon receiving the preliminary petition, examines its compliance with the admissibility requirements (new CPC, Articles 106, 319 and 320).

Inépcia Da Inicial Cpc

Inépcia Da Inicial Cpc

In light of the provisions in the CPC (CPC/2015, art. 319), defects can be seen in the inherent context; or external, for non-compliance with the mandates expressed in Art. 106 and 320 of the Code of Civil Procedure.

Contestação — Tribunal De Justiça Do Distrito Federal E Dos Territórios

In addition, it is not one of the decisions given to the judicial authorities (New CPC, Art. 203, § 4), because, in these cases, there is a cognitive process carried out only by the magistrate.

The opposite, that is, a decision that gives a preliminary decision is an intermediate decision (new CPC, art. 203), because it does not evaluate the merits.

If a defect is found that compromises the normal development of the process, it is the duty of the judge to give time to the author to correct the defect or, on the other hand, not to explain its existence (New CPC, Art. 321)

In this context, a judge is not allowed to dismiss an initial petition outright unless the defect is irreparable (eg, illegality of the party, depravity, etc.).

Agravo De Instrumento Contra Decisão Que Afastou Preliminar De Inépcia Da Inicial.

The rejection of the initial petition may be partial, and only certain claims may be accepted (aggregated claims).

At this stage, since the decision does not complete the process, it is an intermediate decision that can be contested by an intermediate appeal if issued by one judge of the first instance (new CPC, art. 354, unique ). paragraph); Conversely, if it is pronounced by a reporter, the specific appeal is an internal complaint (new CPC, art. 1.021), even if it results in a total rejection.

If this rejection, in whole or in part, originates from a collegial body (sentence), depending on the hypothesis, the relevant appeal is a special appeal, an extraordinary appeal or an ordinary constitutional appeal (new CPC, art. 994, point VI) . , VII and V, respectively).

Inépcia Da Inicial Cpc

If this procedural stage passes, that is, when the defendant is already included in the dispute, there is no situation for the complaint to be rejected.

Quando O Juiz Julga A Petição Inicial Inepta?

Instead, the Magistrate, without going to the merits, pronounces a sentence to stop the process, considering the status of the application or the lack of practical assumptions (New CPC, Art. 485, Point IV).

Another particularity is that, as a result of the annulled sentence, the initial petition was rejected, the plaintiff can appeal and, before this, the judge can withdraw and reform his decision (New CPC, Art. 331, Cabbage).

That is, they can be officially recognized by a judge, they are not subject to estoppel, and they can be charged at any time in any jurisdiction.

The Code lists several possibilities for the rejection of the initial petition according to Art. 330 of CPC/2015.

Indeferimento E Inépcia Da Petição Inicial « Direito Sem Juridiquês

Under the strict focus of linguistics, the expression refers to incapacity, incoherence, or confusion in speech, in short, incompetence.

However, from a practical point of view, the inefficiency of the preliminary petition occurs when some of the nuances mentioned in § 1 of Art. 330 of the Civil Procedure Code of 2015.

Civil Appeal. Initials. The initiative begins. Inadequacy of the chosen route. Lack of interest in acting. Rejected. Eligibility Security order. minimum wage. Engineers and Architects. Municipal Public Works Employees. Rule of law. Act no. 4.950-A/1966 Inapplicability. A known and improved resource. Initials. Initial incompetence and inadequacy of the chosen path

Inépcia Da Inicial Cpc

1. The coercion authorities objected to the clear and defined right requested by the parties, which shows that they understood the goal to be achieved by the judicial arrangement, not to mention incompetence. Furthermore, from the admission document it can be inferred that the respondent’s claim that the mandatory law challenged by the petitioners is non-observance of the national basis by the municipality and therefore constitutes a challenge to the law. Unfair in theory. The submission was rejected. PRELIMINARY: LACK OF INTEREST FOR ACT 2. ACT NO. 4.950-A/1966 the absence of a prior administrative request for setting the salary cannot be an obstacle to access to the jurisdiction. STJ prototype. Default is denied. Eligibility 3. Law No. 4.950-A/1966, in its content, brings the mandatory link to the minimum wage of the wage base for the categories listed in it. In Point XIII of Article 37 of the Federal Constitution. 4. Even before the Federal Constitution of 1988, the Federal Supreme Court had already declared the said Act as unconstitutional in relation to statutory public servants. Pioneer. 5. After the said sentence, the Resolution of the Federal Senate no. 12/1971 issued whereby Act No. on civil servants subject to a statutory regime. 4.950-A/1966 stopped the execution. Then, the arrival of the provision in paragraph 2 of Article 102 of the Federal Constitution, the decision issued by the STF confirmed that Law No. 4.950-A/1966 does not apply to statutory public servants. 6. Therefore, even though the appellants performed the duties related to the positions of engineering and architecture, Act No. 4.950-A/1966 are not entitled to the said pay scale. Pioneer. 7. Known and improved resource. (TJES; Appl 0017859-95.2018.8.08.0035; Second Civil Chamber; Judge Relator Fernando Estevam Pravin Ruy; Judge. 14/05/2019; DJES 23/05/2019)

Petição Inicial — Tribunal De Justiça Do Distrito Federal E Dos Territórios

Interlocutory appeal. General civil action. Administrative dishonesty. Passive illegitimacy of heirs raised by contract. Initialization removed. Art. 8 of Act no. 8.429/92. Premature onset incompetence for lack of reason to claim. The matter is A QUO pending analysis by the Court. Suppression of Instance. Initial unknown. Eligibility Injury to ERARY. Refund. Death during the procedure. Eligibility of winners. Possible. Little known resource. In the known area, until.

The heir of a person who causes damage to public property or the heir of a person who is illegally enriched is subject to the limits of the value of the inheritance, subject to the provisions of this law (Art. 8 , Law n. 8.429/92. Inconsistent Administrative Law). The Court ad cumum cannot pronounce on the issues raised in the pending analysis by the Court of First Instance. It is appropriate to formalize the passive pole of a general civil action for the heirs of a deceased defendant, regardless of whether there are assets or not. (TJMS; AI 1414479-76.2018.8.12.0000; Fourth Civil Chamber; Referee Judge Luis Tadeu Barbosa Silva; DJMS 23/05/2019; Page 148)

Obtaining the result of judicial protection must be consistent with what is presented for this purpose; Therefore, it should translate into an active right, in this case (new CPC, Art. 17 with CPC, Art. 18).

It is one of the conditions of the operation, and therefore, in light of the extrajudicial (“manifest”, says the rule), the process must be closed without a determination of the merits (CPC/2015, Art. 485, Point VI) ). ). .

Código De Processo Civil Para Concursos

Civil Appeal. Consumers. Buying and Selling a New Vehicle Resource innovation. Passive illegality of the offeror. Preliminarily denied. False advertising. Fuel consumption. Expert evidence. Termination of the contract. Refund of the amount paid. Reduction. Time to enjoy the good. The appeal was partially upheld.

1. Hypothesis for rescission of a contract of purchase and sale of a new vehicle due to false advertising practiced by defendant companies regarding economy in automobile fuel consumption. 2. When the issue raised in the appeal is not discussed in the judgment, the novelty of the appeal is characterized, which constitutes partial knowledge of the appeal. Otherwise, an event is deleted. There is also a risk of offending the principles of adequate protection, non-contradiction and stability of the claim, especially in the absence of a new fact or a convincing event capable of justifying the evaluation intended by the court. The first part is the appeal of the known defendant. 3. The vehicle dealership responsible for the sale of the product is a legal party that is part of the passive pole of a claim that discusses the termination of the contract due to false advertising by the product manufacturer. This is because all the agents that make up the supply chain of the product are jointly and severally liable for the failure to deliver it in accordance with Art. 14 and Art. 25 of the Consumer Protection Code, § 1. Inaction preliminary illegality rejected. 4. According to the terms of Art. 37, paragraph 1 of the Consumer Protection Code, the practice of false advertising is evident in advertisements that convey false information about the characteristics of the product, as it induces the consumer to believe that the consumption of -vehicle fuel is greater than economy. As ascertained through judicial competence produced in the acts. 5. In the case of misleading advertising, the consumer can exercise his negative organizational right according to the conclusion of the contract according to Art. 18, § 1, Consumer Protection Code. The consequences of the decision still exist, so both parties must return to the position they were at the end of the legal transaction. 6. In order to avoid unjust enrichment of the consumer, the period of enjoyment of the object and the depreciation of the market value of the car must be taken into account while calculating the amount to be reimbursed to the buyer of the vehicle. 7. The appeal of the first respondent is partly recognized and partly accepted. 8. Appeal by the known second respondent

Leave a Reply

Your email address will not be published. Required fields are marked *