Acórdão nº 7000063-32.2015.822.0020 de TJRO. Tribunal de Justiça do Estado de Rondônia, Turma Recursal, 25-05-2018
Data de Julgamento | 25 Maio 2018 |
Classe processual | RECURSO INOMINADO CÍVEL |
Número do processo | 7000063-32.2015.822.0020 |
Órgão | Turma Recursal |
TRIBUNAL DE JUSTIÇA
Turma Recursal / TR - Gabinete Mag. Enio Salvador Vaz
Processo: 7000063-32.2015.8.22.0020 - RECURSO INOMINADO (460)
Relator: ENIO SALVADOR VAZ
Data distribuição: 10/03/2017 12:24:29
Data julgamento: 23/05/2018
Polo Ativo: JOAO BATISTA FIRMIANO e outros
Advogados do(a) RECORRENTE: RONAN ALMEIDA DE ARAUJO - RO0002523A, JOSE JAIR RODRIGUES VALIM - RO0007868AAdvogados do(a) RECORRENTE: RONAN ALMEIDA DE ARAUJO - RO0002523A, JOSE JAIR RODRIGUES VALIM - RO0007868A
Polo Passivo: MUNICÍPIO DE NOVO HORIZONTE D'OESTE/RO
Advogado do(a) RECORRIDO: SIDNEI FURTADO MENDONCA - RO4880000A
RELATÓRIO
Relatório dispensado nos termos da Lei nº 9.099/95.
VOTO
Analisando os pressupostos de admissibilidade, verifico que o recorrente foi intimado da sentença em 03/11/2016 e registrou ciência em 14/11/2016. O prazo de 10 (dez) dias para recurso inominado iniciou-se em 16/11/2016, primeiro dia útil posterior ao registro de ciência.
Sendo assim, o prazo do Recorrente escoaria no dia 29/11/2016. Contudo, o recurso só foi inserido no PJe em 06/12/2016 (ID 8329956) sendo, portanto, intempestivo.
Anoto que a fazenda pública não tem prazo diferenciado para a prática de atos nos juizados da fazenda pública (art. 7º, da lei nº 12.153/2009). Além disso, o fato de constar, equivocadamente, o prazo de 15 dias no portal da intimação (no sistema) não alarga o prazo fatal de 10 (dez) dias para o recurso inominado.
Assim, diante da intempestividade, VOTO no sentido de NÃO CONHECER o recurso inominado.
Condeno o recorrente ao pagamento dos honorários...
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