Decisão Monocrática Nº 0041262-57.1996.8.24.0023 do Primeira Câmara de Direito Público, 11-07-2022
Data | 11 Julho 2022 |
Número do processo | 0041262-57.1996.8.24.0023 |
Tribunal de Origem | Tribunal de Justiça de Santa Catarina |
Classe processual | Apelação |
Órgão | Primeira Câmara de Direito Público |
Tipo de documento | Decisão Monocrática |
APELANTE: ESTADO DE SANTA CATARINA (EXEQUENTE) APELADO: THE BOARD SHORT CO TEXTIL LTDA (EXECUTADO) APELADO: CARLOS ALBERTO DI PIETRO (EXECUTADO) ADVOGADO: RICARDO ANDERLE (OAB SC015055) ADVOGADO: MARINA ZIPSER GRANZOTTO (OAB SC016316) APELADO: CLAUDIA SAYUMI TOGASHI (EXECUTADO) ADVOGADO: LEOBERTO BAGGIO CAON (OAB SC003300) ADVOGADO: JULIANA CAON (OAB SC019090) ADVOGADO: LEONARDO PEREIMA DE OLIVEIRA PINTO (OAB SC013001) ADVOGADO: GABRIEL HENRIQUE DA SILVA (OAB SC022400)
DESPACHO/DECISÃO
Cuida-se de apelação cível interposta pelo ESTADO DE SANTA CATARINA em objeção à sentença que, nos autos de execução fiscal que move em face de THE BOARD SHORT CO TEXTIL LTDA, reconheceu a ocorrência de prescrição intercorrente e extinguiu o processo, com julgamento do mérito, nos termos do art. 924, V, do Código de Processo Civil.
Extrata-se da leitura da sentença que, conquanto definido o feito pela suposta ocorrência da prescrição intercorrente, não há nenhuma referência das datas e dos atos processuais que indicariam o transcurso de prazo superior aquele definido como deletério.
Vale ressaltar que é entendimento da Corte Superior que ao declarar a prescrição o magistrado deve necessariamente indicar os marcos temporais que foram superados a ponto de restar configurada a prescrição intercorrente.
Destaca-se:
O magistrado, ao reconhecer a prescrição intercorrente, deverá fundamentar o ato judicial por meio da delimitação dos marcos legais que foram aplicados na...
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