Decisão Monocrática N° 07070552320228070000 do Tribunal de Justiça do Distrito Federal e dos Territórios, 14-03-2022
Juiz | Robson Teixeira de Freitas |
Número do processo | 07070552320228070000 |
Data | 14 Março 2022 |
Órgão | 8ª Turma Cível |
Poder Judiciário da União TRIBUNAL DE JUSTIÇA DO DISTRITO FEDERAL E DOS TERRITÓRIOS Gabinete do Desembargador Robson Teixeira de Freitas Número do processo: 0707055-23.2022.8.07.0000 Classe judicial: AGRAVO DE INSTRUMENTO (202) REPRESENTANTE LEGAL: MARIA ELOISA BULLE AGRAVANTE: ESPÓLIO DE NAOR BULLE AGRAVADO: CONDOMINIO DO CONJUNTO BARACAT D E C I S Ã O Trata-se de Agravo de Instrumento, com pedido de antecipação da tutela recursal, interposto por Espólio de Naor Bullé em face da r. decisão (ID 114727772, na origem) que, nos autos dos Embargos à Execução manejados em desfavor do Condomínio do Conjunto Baracat, negou efeito suspensivo aos embargos. Alega a parte Agravante, em resumo, que, diverso do decidido pelo d. Juízo a quo, a Execução está garantida pela penhora de uma sala comercial. Assevera que tal fato deve ser considerado, embora o termo de penhora (ID 33292557) tenha sido expedido somente após o início do prazo recursal. Requer a antecipação da tutela recursal para que sejam suspensos os efeitos da r. decisão agravada. É o relatório. Decido. Os arts. 995, parágrafo único, e 1.019, inciso I, ambos do CPC/15, condicionam a antecipação dos efeitos da tutela recursal ou a suspensão da eficácia da decisão recorrida à existência de risco de dano grave, de difícil ou impossível reparação e à demonstração da plausibilidade do direito invocado nas razões...
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