Decisão Monocrática N° 07061955620218070000 do Tribunal de Justiça do Distrito Federal e dos Territórios, 12-03-2021
Juiz | FERNANDO HABIBE |
Número do processo | 07061955620218070000 |
Data | 12 Março 2021 |
Órgão | 4ª Turma Cível |
PODER JUDICIÁRIO DA UNIÃO TRIBUNAL DE JUSTIÇA DO DISTRITO FEDERAL E DOS TERRITÓRIOS AGRAVO DE INSTRUMENTO (202) 0706195-56.2021.8.07.0000 AGRAVANTE: AMALIA RIBEIRO DOS SANTOS AGRAVADO: FELIPE BITTENCOURT COELHO CALMON MENDES DECISÃO 1. A terceira embargada agrava da decisão da 5ª Vara Cível de Brasília (Proc. 0702096-40.2021.8.07.0001 ? id 82262749) que suspendeu as medidas expropriatórias dos imóveis especificados, até o julgamento dos embargos. Alega, em resumo, que i) os bens não pertencem ao terceiro embargante, mas, sim, ao seu pai, Sr. Pedro Calmon Mendes; ii) inexistência de provas quanto ao "perigo de dano ou o risco ao resultado útil do processo", pressuposto essencial à tutela de urgência (CPC 300); iii) os imóveis podem ser alienados a qualquer momento, visto que constam de anúncios na OLX. Requer a manutenção liminar da penhora ou, subsidiariamente, o bloqueio das matrículas dos bens. 2. A decisão impugnada não desconstituiu a penhora dos imóveis, apenas suspendeu medidas expropriatórias ? i.e., atos de transferência patrimonial dos bens penhorados (CPC 876 a 903) -, até o julgamento definitivo dos embargos. Confira-se: ?Tendo em vista a escritura pública de compra e venda de ID81950526, que indica o domínio do embargante...
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