Modelo De Agravo Interno – What is discussed in this procedural document: This is an example of an internal appeal, according to the new TMA (cit., section 1021), submitted to the TG, on a single decision that is a counter-appeal. The suspension gave effect. As a result, the progress of the application was delayed to comply with the judgment, which required the payment of attorney’s fees.
Polano de Tal, (“the opposing party”), already duly authorized in the records of this counter-appeal, comes, respecting the presence of His Majesty, to act in his case, within fifteen legal days, to intervene. Support for the arts. Code of Civil Procedure 1.021, it
Modelo De Agravo Interno
Against the interim decision that does not work on pages 109/115, which gave effect in kind to the appeal, the basis of which is found in the reasons attached to it.
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The appellant sought to uphold the judgment in favor of the appellant, with the intention of receiving attorney’s fees. The said claim is submitted to the Civil Court in the city/PP 00, case file 07070707-10.000.9.06.0001.
During the procedure, the judge on the floor decided, out of caution, to conduct an investigation, in which the result of the payment in the amount of R$ 000,000.00 was presented. (pages 90/108)
After the report is filed, the appellant is called to appear. Nothing contested. It is understood that the private expert report is rarely presented. Of course he had no reasons.
Since then she is always “amazed” by the result of the internship. However, it does not provide even one account. stay in it Also, so far, for the record, nothing has been said about the original demand time factor (from early 2007).
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On the contrary, surely the financial institution, which is corrupt here, has a large financial department. As for sufficient documents regarding the loan. Even then, see, it will be presented, “as a basis” (allegedly) from numbers taken from the website, which are open for public inspection. (Pages 33/34) Thus, the degree of accuracy of the defense is the dimension.
At this stage, the arbitrator decided, according to justice, on the maximum determination of the payment of this amount, found by the expert. (pages 35/41)
Therefore, he filed a counter-appeal, in which the validity of the suspension is requested. Granted (109/114) this is also a controversial decision.
At first glance, before introducing the competing institutions, it should be made clear that the executive work is stuck; without any procedural progress. To say that, despite the rule of procedure (new Tmash, section 525, section 6), which makes it strict to give suspensive effect in accordance with the judgment, nothing is presented as a guarantee. Thus, without securing sufficient jurisdiction, a dubious effect was obtained. Procedural confusion, immediately, occurred Here.
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Here again is a mutual decision like war, which, without a doubt, must be corrected.
In this compass, the basics, highlighted above, are now served. (CPC, Article 1021, Section 1)
I agree that this procedure is invalid, in short, on the basis of the loss of due process, as a result of an action, which has already been performed, which is not consistent with the acquisition of this privilege.
A single paragraph. Acceptance of an appeal is considered an act, without reservation, of an act that is inconsistent with the appeal.
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As a confirmation of the above, it is absolutely appropriate to paraphrase the instruction of Freddy Didier, Jr., to the judge:
It is important to note that logical estoppel is closely related to the prohibition of venire contra factum proprium (the rule that prevents contrary behavior), contained in the general section for the protection of good faith. Contradictory behavior is considered illegal because it violates the principle of good faith in the procedure […]
Here, surely, we see the phenomenon of rational interference. More serious: the competition was decided based on this, as shown below.
It should not be forgotten that during the preparation of the application for the execution of the sentence, an expert examination took place. However, the conclusion, precisely in the part developed here in iva decisum, is deterrence (logical bias).
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The reasons: the appellant only denied (a) non-payment by the debtor and (b) the lack of compensation. So there is nothing about the amount.
Reason: the judge decided to determine the amount of money (and not pay). No appeal was filed against this directive.
(in addition to the absence of appeal interest on the refund of fees) although unnecessary – Ex 306/CPC, Art. 85, section 14).
Reasoning: The expert, in fact, the compensation, as described in the sentence and determined by the judge, comes following the execution of the sentence. (See the judgment creditor’s response to question no. 12, “f”, point C)
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Reasoning: The appellant claimed that the financial benefit would only occur if the borrower-borrower made the payments. From the peace decision, when it comes to determining how the expertise should be performed, it appears that it will be in an amount of money, which is different from “payment”. The appellant did not claim, therefore, the matter was rejected by the defense.
Therefore, of all the claims made by the defendant, which were made in this way, all of them, without exception, remain disputed. Hence there is no appeal.
It is important to emphasize, as far as these issues, which were raised earlier, are reflected in the discretionary decision with suspensive effect.
However, as clarified elsewhere, this aspect, based on the apparent high value, is affected by a rational stop. That is, this index was discovered by expertise. However, the appeal, contrary to the expert’s findings, only referred to the lack of payment by the debtor and the lack of compensation on the other hand. Nothing about value.
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It should be noted first, that without any effort, the appellant intends to “revive” the avoided issue. Moreover, they are unfounded, because the accounting expert rejects this clever claim to mislead the judiciary. And it did, unfortunately.
However, it is certainly possible to predict that this issue, as a quantity, can never be used as a guide for giving effect to the suspension, in most cases it is related to the pereculum in Mora.
Thus, like the pereculum in Mora, the alleged error of the experts, which brings to light a “miscalculation” that even because of its high value causes “astonishment”. Therefore, it cannot be denied that the argument of quantity, similarly high, is supported as a basis, this time as fumus boni iuris.
However, both the periculum in the teacher, and the fomus boni uris, are falsely based, without a legal basis. Thus, an assumption of effect should prevail, especially since it was based on a prohibited subject (rational bias).
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In a counter-appeal, as a basis for validating the suspension, it was stated as a risk of serious damage that:
So, for the requesting bank, what is the risk of serious damage: “Your equity can be attacked”. We believe no comment is necessary, right?
Out of caution, let’s respond. Judicial restraint is one stage in all processes, the executive stage. Obviously it won’t be for the annoying party. For him it’s a risk (!).
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Currently, it is not known what exactly caused the damage to the bank. They are vague and meaningless words without content. However, what’s the harm? Will the bank have a sudden decrease in its balance sheet with the restriction? Need to fire employees due to lack of cash? It’s not even known. It’s a loss, “because it’s a loss”, and that’s the end of it.
Here, he pointed out that the “large” amount, which was subject to rational withdrawal, might “harm the operating bank”.
Therefore, it is observed that the risk of serious injury is not presented. Also because, despite all efforts to the contrary, there is actually no danger.
The suspension was given under the rule of art. 1019, Inc. I, from the Law of Ceremonies. However, it refers to the guidelines described in art. 932, Inc. III and IV.
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It is important to appear, therefore, sometimes, among many others, in which the financial institution repeats the same article, which was ruled on in the past:
1.1. Banco Cassita’s petition requesting to refer the case to this order (pages 464/465) – Appendix B
Therefore, it is inexcusable that there is no specific appeal against the decisions, especially in relation to the arbitration award which resulted in the submission of this counter-appeal. Therefore, a cross-appeal must never be filed (CPC, Article 932, Section III). This actually affects the principle of recursive dialectics.
Without difficulty, it is clear that the reasons for the appeal, which are very confusing, do not seriously attack the reasons expressed in the judgment. This means that there is no direct conflict with the decision-making capacity. Far from it, by the way; Completely separated, no doubt. On the other hand, it was not specified where the error of the disputed judicial decision is located; Hence the possible error.
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In fact, the repetitive work repeats almost the entire subject, in the various ways mentioned above. Therefore, from a technical point of view, there is no ground for appeal, since it refers only to those; You won’t add anything.
III – Appeals that are inadmissible, offensive or those that do not explicitly know the reason for the decision being appealed;
Craftsmanship. 1019. After the counter-appeal is received in court and distributed immediately, if it is not an application of art. 932, items III and IV, wrote, within 5 (five) days:
Craftsmanship. 1,021 Against the reporter’s decision, the internal complaint will be submitted to the management of the relevant college, regarding the handling while adhering to the rules of the internal regulations.
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