Acórdão Nº 0809807-94.2019.8.10.0000 do TJMA. Tribunal de Justiça do Estado do Maranhão, 4ª Câmara Cível, 2021
Ano | 2021 |
Classe processual | Agravo de Instrumento |
Órgão | 4ª Câmara Cível |
Tipo de documento | Acórdão |
TRIBUNAL DE JUSTIÇA DO ESTADO DO MARANHÃO
AUTOS: AGRAVO DE INSTRUMENTO - 0809807-94.2019.8.10.0000
AGRAVANTE: WLADIMIR TEOBALDO ALBUQUERQUE, THAIANY ANDREA LACERDA ALBUQUERQUE
Advogados/Autoridades do(a) AGRAVANTE: ANDRE FELIPE ALONCO CARDOSO MARTINS - MA7775-S, ANA LUISA ROSA VERAS - MA6343-A, FRANCISCO ANDRE CARDOSO DE ARAUJO - SP279455-A Advogados/Autoridades do(a) AGRAVANTE: ANDRE FELIPE ALONCO CARDOSO MARTINS - MA7775-S, ANA LUISA ROSA VERAS - MA6343-A
AGRAVADO: INTERCEMENT BRASIL S.A.
RELATOR: JAIME FERREIRA DE ARAUJO
ÓRGÃO JULGADOR COLEGIADO: 4ª CÂMARA CÍVEL
EMENTA
AGRAVO DE INSTRUMENTO. EXECUÇÃO FUNDADA EM TÍTULO EXECUTIVO EXTRAJUDICIAL. GARANTIDOR HIPOTECÁRIO. DÍVIDA DISCUTIDA EM JUÍZO. INSCRIÇÃO DO NOME DOS EXECUTADOS NO ÓRGÃO DE PROTEÇÃO AO CRÉDITO. INDEVIDA.
1. “Tratando-se de agravo de instrumento decorrente de ação declaratória de inexistência de débito, em que a parte discute o débito, o provimento do recurso se baseia na plausibilidade do direito alegado (cobrança indevida) e no perigo de dano à parte (ilegítima inscrição nos órgãos de proteção ao crédito)”. (TJMA. AI 0290442016, Rel. Desembargador(a) KLEBER COSTA CARVALHO, PRIMEIRA CÂMARA CÍVEL, julgado em 29/09/2016, DJe 05/10/2016);
2. Havendo o arresto de imóvel garantidor do débito, e sendo ele discutido em juízo, com a efetiva demonstração de que a pretensão funda-se na aparência do bom direito, viável...
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