Administrativo - Constitucional
Páginas | 45-46 |
Page 45
Ação cominatória. Ato administrativo. Revogação. Interesse processual. Tendo o ato administrativo, inquinado ilegal, apenas sido revogado, permanece o interesse de agir da parte, pois visa receber os valores pagos a maior na vigência daquele ato, mormente quando deveria ter havido anulação, já que esta possui efeitos ex tunc, respeitando-se os direitos então violados por tal norma. Remessa conhecida e desprovida. Decisão unânime. (TJ/GO - Duplo grau de jurisdição n. 9951-0/195 - Comarca de Goiânia - 2a. Câm. Cív. - unân. - Rel: Des. Alfredo Abinagem - Fonte: DJGO, 06.01.2005).
Agravo de instrumento. Contrato administrativo. Produção de prova. Cerceamento de defesa. - Na ação proposta pelo consumidor visando à anulação da fatura emitida para cobrar recuperação de consumo, após a constatação de irregularidades no medidor, é necessário oportunizar aos contendores a produção de provas, se requeridas, sob pena de cerceamento de defesa, porque não se trata de matéria exclusivamente de direito. - Recurso ao qual, nos termos da regra posta no art. 557, § 1º-A, do CPC, é dado provimento. (TJ/RS - Ag. de Instrumento n. 70010725026 - Comarca de Novo Hamburgo - Ac. 22a. Câm. Cív. - Rel: Desa. Leila Vani Pandolfo Machado - j. em 10.01.2005 - Fonte: DJRS, 09.02.2005).
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