Acórdão do Tribunal de Justiça do Estado do Espírito Santo - TERCEIRA CÂMARA CÍVEL (Processo 0014333-31.2012.8.08.0068), 06/02/2018
| Data | 06 Fevereiro 2018 |
| Data de publicação | 16 Fevereiro 2018 |
| Número do processo | 0014333-31.2012.8.08.0068 |
| Tribunal de Origem | AGUA DOCE DO NORTE - VARA ÚNICA |
| Órgão | Terceira câmara cível (Tribunal de Justiça do Estado do Espírito Santo do Brasil) |
| Classe processual | Apelação |
EMENTA: APELAÇÃO CÍVEL. ARRECADAÇÃO DE HERANÇA JACENTE. EMENDA DA INICIAL. COMPROVAÇÃO DO ÓBITO E DA EXISTÊNCIA DE BENS DO DE CUJUS . NÃO ATENDIMENTO. EXTINÇÃO DO PROCESSO MANTIDA.
1. - A atividade jurisdicional não é incondicionada, exigindo-se para o seu desenvolvimento o atendimento de pressupostos processuais de existência e de validade.
2. - Em conformidade com os arts. 320 e 321 do CPC afigura-se lícito ao Magistrado no procedimento de arrecadação da herança jacente determinar ao autor a emenda da inicial para coligir documentos indispensáveis para o processamento da ação.
3. - No caso, o autor foi intimado para acostar ao caderno processual comprovação do óbito da senhora Maria Pereira de Souza e da existência de bens em nome dela, mas tal intimação não foi atendida pelo apelante. Acertado é o indeferimetno da petição inicial, devendo ser mantida a sentença de extinção do processo.
4. - Recurso desprovido.
Conclusão
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