Acórdão Nº 0800089-44.2017.8.10.0000 do TJMA. Tribunal de Justiça do Estado do Maranhão, 4ª Câmara Cível, 2020
| Ano | 2020 |
| Classe processual | Agravo de Instrumento |
| Órgão | 4ª Câmara Cível |
| Tipo de documento | Acórdão |
TRIBUNAL DE JUSTIÇA DO ESTADO DO MARANHÃO
AUTOS: AGRAVO DE INSTRUMENTO - 0800089-44.2017.8.10.0000
AGRAVANTE: BANCO DO BRASIL SA
Advogado do(a) AGRAVANTE: RAFAEL SGANZERLA DURAND - MA10348-A
AGRAVADO: RAIMUNDA DUTRA DE ASSUNCAO
Advogados do(a) AGRAVADO: WESLLEY LIMA FREIRE - MA14593-A, ANFRIZIO DE MORAIS MENESES FILHO - MA11148-A
RELATOR: JAIME FERREIRA DE ARAUJO
ÓRGÃO JULGADOR COLEGIADO: 4 CAMARA CIVEL
EMENTA
AGRAVO DE INSTRUMENTO. AÇÃO ANULATÓRIA DE NEGÓCIO JURÍDICO C/C INDENIZAÇÃO POR DANOS MORAIS COM PEDIDO DE ANTECIPAÇÃO DE TUTELA. CONTRATO DE EMPRÉSTIMO. VÍTIMA DE SEQUESTRO RELÂMPAGO. DESCONTOS NO CONTRACHEQUE. SUSTAÇÃO. TUTELA ANTECIPADA. REQUISITOS PREENCHIDOS. IMPOSIÇÃO DE MULTA. OBRIGAÇÃO DE FAZER. POSSIBILIDADE. QUANTUM. MANUTENÇÃO. LIMITAÇÃO DO VALOR E ADEQUAÇÃO DA INCIDÊNCIA.
I. Presentes os requisitos autorizadores da tutela antecipada, quais sejam, a verossimilhança das alegações do autor e a existência da prova inequívoca de seu direito, é de rigor a sua concessão.
II. Afigura-se legal a imposição de multa para a hipótese de não cumprimento da obrigação de não fazer.
III. Mostra-se razoável e proporcional o quantum relativo à multa fixado pelo juízo singular, motivo pelo qual deve ser mantido, devendo-se impor uma limitação do valor, sob pena de enriquecimento ilícito.
IV. A incidência de multa diária pelo descumprimento de...
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