Decisão Monocrática N° 07008591720218070018 do Tribunal de Justiça do Distrito Federal e dos Territórios, 10-09-2022
Juiz | MARIA DE LOURDES ABREU |
Número do processo | 07008591720218070018 |
Data | 10 Setembro 2022 |
Órgão | 3ª Turma Cível |
A parte autora MARISA DE OLIVEIRA SOUZA interpõe seu recurso de apelação e pugna incidentalmente pela antecipação da tutela recursal (ID 37092117 ? págs. 6 e 7) para seja determinada a conversão da aposentadoria por invalidez proporcional, ora recebida, para aposentadoria por invalidez integral até o julgamento final da apelação. Decido. A apelação é o recurso previsto no diploma adjetivo que possui de forma nativa, como regra, os efeitos suspensivo e devolutivo, só irradiando a sentença seus efeitos imediatos nas hipóteses excepcionalmente previstas em lei, ou quando demonstradas pelo apelante a probabilidade de provimento do recurso ou houver risco demora até o seu julgamento final (artigo 1.012, §§1º e 4º, do Código de Processo Civil). Na espécie, a apelação da parte autora não se amolda a nenhuma das previsões contidas no artigo 1.012, §1º, do Código de Processo Civil para o afastamento do efeito suspensivo, bem como não sobressai da análise prefacial da controvérsia jurídica posta nos autos evidente suficiência da probabilidade de provimento do recurso, que só poderá ser devidamente averiguada após o exame detido das razões fundantes da irresignação mediante a cognição mais verticalizada e o...
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