Acórdão nº 0800611-04.2017.822.9000 de TJRO. Tribunal de Justiça do Estado de Rondônia, Turma Recursal, 31-10-2017
Data de Julgamento | 31 Outubro 2017 |
Classe processual | AGRAVO DE INSTRUMENTO |
Número do processo | 0800611-04.2017.822.9000 |
Órgão | Turma Recursal |
TRIBUNAL DE JUSTIÇA
Turma Recursal / TR - Gabinete Mag. Enio Salvador Vaz
Processo: 0800611-04.2017.8.22.9000 - AGRAVO DE INSTRUMENTO (202)
Relator: ENIO SALVADOR VAZ
Data distribuição: 19/09/2017 19:56:05
Data julgamento: 18/10/2017
Polo Ativo: GABRIEL DOMINGUES CORDEIRO
Advogados do(a) AGRAVANTE: UELTON HONORATO TRESSMANN - RO8862, GILBER ROCHA MERCES - RO0005797A, UILIAN HONORATO TRESSMANN - RO0006805A
Polo Passivo: MUNICIPIO DE PORTO VELHO
Advogado do(a) AGRAVADO:
RELATÓRIO
Dispensável, nos termos da lei n. 9.099/1995.
VOTO
No juizado especial cível não tem cabimento o agravo de instrumento. No juizado da fazenda pública somente é cabível quando o juiz defere providências cautelas e antecipatórios no curso do processo (art. 3º, da lei n. 12.153/2009).
A hipótese dos autos é de impugnação de decisão do juiz de origem que indeferiu o pedido de antecipação de tutela pleiteado pelo agravante, a fim de que seja empossado no cargo de agente administrativo do Município de Porto Velho.
Portanto, o agravo não é recurso adequado e próprio para combater a referida decisão.
Ante o exposto, VOTO no sentido de NÃO CONHECER o agravo de instrumento, porque inapropriado para combater a decisão impugnada, extinguindo o processo sem julgamento do mérito.
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