Decisão Monocrática N° 07009737320218079000 do Tribunal de Justiça do Distrito Federal e dos Territórios, 20-07-2021
Juiz | FÁBIO EDUARDO MARQUES |
Número do processo | 07009737320218079000 |
Data | 20 Julho 2021 |
Órgão | 8ª Turma Cível |
Processo : 0700973-73.2021.8.07.9000 DECISÃO Cuida-se de agravo de instrumento tirado da resp. decisão[1] que, na ação de despejo movida pela aqui agravante, determinou emenda à petição inicial a fim de retificar ?os cálculos para atender os requisitos do art. 21 da Lei do Inquilinato, decotando dos valores cobrados a quantia paga a maior durante o período de normalidade?, bem assim para ?expurgar a correção monetária e a multa, não prevista no contrato de locação antes do período de 36 meses?. Todavia, em consulta aos autos originários (0716332-94.2021.8.07.0001), verifico superveniente sentença de indeferimento da inicial, extinguindo-se o feito sem resolução do mérito, na forma dos arts. 330, IV, e 485, I, ambos do CPC. Em decorrência, restam superadas as questões trazidas no agravo de instrumento, devendo eventual insurgência contra a sentença ser manifestada pela via recursal adequada. Para ilustração, o seguinte aresto: DIREITO PROCESSUAL CIVIL. AGRAVO INTERNO. DECISÃO DENEGATÓRIA DE SEGUIMENTO AO AGRAVO DE INSTRUMENTO. PROLAÇÃO DE SENTENÇA NOS AUTOS DE ORIGEM. EXTINÇÃO DO FEITO, SEM JULGAMENTO DE MÉRITO. AUSÊNCIA DE INTERESSE RECURSAL. DECISÃO MANTIDA. O Agravo de Instrumento não é cabível, uma vez que houve sentença extinguindo a ação originária, carecendo, portanto, a parte agravante de interesse de agir quanto à utilidade do provimento que lhe foi assegurado no...
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