Acórdão do Tribunal de Justiça do Estado do Espírito Santo - PRIMEIRA CÂMARA CÍVEL (Processo 0038871-72.2016.8.08.0024), 11/04/2017
| Data de publicação | 18 Abril 2017 |
| Data | 11 Abril 2017 |
| Número do processo | 0038871-72.2016.8.08.0024 |
| Classe processual | Agravo de Instrumento |
| Tribunal de Origem | VITÓRIA - 5ª VARA CÍVEL |
EMENTA: AGRAVO DE INSTRUMENTO – AÇÃO DE OBRIGAÇÃO DE FAZER C⁄C INDENIZAÇÃO – EXPEDIÇÃO E REGISTRO DE DIPLOMA – CURSO DE MESTRADO – REQUISITOS DA TUTELA DE URGÊNCIA NÃO PRESENTES DE FORMA CONCOMITANTE – LIMINAR DEFERIDA NA ORIGEM – DECISÃO REFORMADA – MEDIDA URGENTE DENEGADA.
1 – Em que pese a presença do elemento ¿[...]perigo de dano ou o risco ao resultado útil do processo¿ (art. 300, caput, do NCPC), os documentos acostados à petição inicial denotam que apesar de traduzirem várias reproduções de e-mails envolvendo a agravada e indicando atividades relacionadas ao curso de Mestrado que ela alega ter concluído, tais mensagens, ou foram transmitidas por particulares, ou por correspondentes que ostentam extensão de domínio ¿.com.br¿, diverso daquele que a agravante defende constar das suas correspondências eletrônicas oficiais, qual seja, ¿.edu.br¿. Além disso, não consta dos autos qualquer documento com firma ou certificado fidedigno proveniente da recorrente, o que impede a identificação da probabilidade do direito reivindicado na lide originária, ao menos em sede liminar.
2 – Como é cediço, "[...]o artigo 300 do Código de Processo Civil de 2015 exige para a concessão da tutela de urgência a presença cumulativa dos requisitos do fumus boni iuris e do periculum in mora, sendo que a ausência de qualquer dos requisitos referidos obsta a...
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