Decisão Monocrática N° 07013998320218070012 do Tribunal de Justiça do Distrito Federal e dos Territórios, 01-12-2021
Juiz | CARLOS ALBERTO MARTINS FILHO |
Número do processo | 07013998320218070012 |
Data | 01 Dezembro 2021 |
Órgão | 3ª Turma Recursal dos Juizados Especiais do Distrito Federal |
Poder Judiciário da União TRIBUNAL DE JUSTIÇA DO DISTRITO FEDERAL E DOS TERRITÓRIOS GAB1TR3 Gabinete do Juiz de Direito Carlos Alberto Martins Filho PROC. N.: 0701399-83.2021.8.07.0012 CLASSE JUDICIAL: RECURSO INOMINADO CÍVEL (460) RECORRENTE: ALESSANDRA DE ARAUJO CARNEIRO RECORRIDO: ITAU UNIBANCO HOLDING S.A., ADVOCACIA BELLINATI PEREZ DESPACHO A Constituição Federal, em seu art. 5º, LXXIV, incluiu entre os direitos e garantias fundamentais o de assistência jurídica na forma integral e gratuita pelo Estado aos que comprovarem insuficiência de recursos para pagar as custas, as despesas processuais e os honorários advocatícios (art. 98 do CPC). Importante consignar que as custas no Distrito Federal não são de valor elevado, devendo a gratuidade de justiça ser reservada às pessoas carentes de recursos que diariamente se socorrem do Judiciário local para solução de suas demandas. Ressalta-se, ainda, que para a concessão do benefício, deve-se levar em consideração todos os rendimentos auferidos pela demandante e seus familiares e não as despesas rotineiras (IPTU, luz, gás, água, condomínio, aluguel, mensalidade escolar, telefone), que são variáveis e passíveis de...
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