Decisão Monocrática N° 07044369320228070009 do Tribunal de Justiça do Distrito Federal e dos Territórios, 06-03-2023
Juiz | RENATO SCUSSEL |
Número do processo | 07044369320228070009 |
Data | 06 Março 2023 |
Órgão | 2ª Turma Cível |
TRIBUNAL DE JUSTIÇA DO DISTRITO FEDERAL E TERRITÓRIOS GABINETE DO DESEMBARGADOR RENATO RODOVALHO SCUSSEL APELAÇÃO CÍVEL (198) 0704436-93.2022.8.07.0009 APELANTE: BANCO PAN S.A REPRESENTANTE LEGAL: BANCO PAN S.A. APELADO: CAMILA ERIKA DE SOUZA DOS SANTOS DECISÃO Cuida-se de pedido de substituição no polo ativo do processo (em verdade, sucessão processual) ou, subsidiariamente, de cadastramento como assistente litisconsorcial, formulado por ITAPEVA XI MULTICARTEIRA FUNDO DE INVESTIMENTO EM DIREITOS CREDITÓRIOS NÃO-PADRONIZADOS, em virtude de cessão dos créditos que embasam a ação de busca e apreensão formulada na origem (ID 43475441). A prova da transmissão do crédito consta do ID 43475447, págs. 2 e 27. Conforme dispõe o art. 109 do Código de Processo Civil, a alienação do direito litigioso não altera a legitimidade das partes, na medida em que o alienante deve prosseguir atuando em nome próprio, mas em benefício alheio. A sucessão processual, por meio da alteração do polo ativo, apenas deve ocorrer quando houver a anuência de todos os envolvidos (autor e réu), o que não há, por ora. Entendo oportuno, pois, o deferimento apenas da inclusão como assistente litisconsorcial, tendo em vista que já proferida sentença no primeiro grau, sendo que a assistência é capaz de resguardar ao interessado todos os direitos. Isso posto, defiro em parte o requerimento do ID 43475441,...
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