Acórdão Nº 0800819-77.2019.8.10.0067 do TJMA. Tribunal de Justiça do Estado do Maranhão, Turma Recursal Cível E Criminal de Chapadinha, 06-06-2023
Número do processo | 0800819-77.2019.8.10.0067 |
Ano | 2023 |
Data de decisão | 06 Junho 2023 |
Classe processual | Recurso Inominado Cível |
Órgão | Turma Recursal Cível E Criminal de Chapadinha |
Tipo de documento | Acórdão |
TRIBUNAL DE JUSTIÇA DO ESTADO DO MARANHÃO
SESSÃO POR VIDEOCONFERÊNCIA DO DIA 02 DE JUNHO DE 2023
RECURSO Nº 0800819-77.2019.8.10.0067
ORIGEM: COMARCA DE ANAJATUBA
RECORRENTE: BANCO BRADESCO S/A
ADVOGADO (A): LARISSA SENTO SÉ ROSSI – OAB/MA 19147-A
RECORRIDO (A): JORGE LUÍS SANTOS MARTINS CAMPELO
REPRESENTANTE: MARIA DOS REMÉDIOS DUTRA DOS SANTOS
Advogado (a): LUNNA MARIA DUTRA REGO – OAB/MA 14331
RELATOR (A): JUIZ GALTIERI MENDES DE ARRUDA
ACÓRDÃO Nº 420/2023
SÚMULA DO JULGAMENTO: REPRESENTAÇÃO – AUTOR INCAPAZ – IMPOSSIBILIDADE NO ÂMBITO DOS JUIZADOS ESPECIAIS – EXTINÇÃO DO FEITO SEM RESOLUÇÃO DO MÉRITO. 1 – In casu, verifica-se que o autor se trata de incapaz (portador de deficiência mental) e, mesmo representado pela sua genitora, não pode ser parte em processo que tramita no juizado especial, conforme previsto no art. 8º, § 1º, da Lei nº 9.099/95. 2 – Além disso, a preliminar foi levantada em sede de recurso, no entanto o recorrido sequer apresentou suas contrarrazões. Desse modo, impõe-se a extinção do feito sem resolução do mérito, já que a capacidade postulatória se trata de matéria de ordem pública, podendo ser suscitada, inclusive, de ofício. 3 – Preliminar acolhida. Extinção do feito sem resolução do mérito, ante a incompetência verificada. Súmula de julgamento...
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