Decisão Monocrática N° 07073205920218070000 do Tribunal de Justiça do Distrito Federal e dos Territórios, 22-04-2021
Juiz | FERNANDO HABIBE |
Número do processo | 07073205920218070000 |
Data | 22 Abril 2021 |
Órgão | 4ª Turma Cível |
PODER JUDICIÁRIO DA UNIÃO TRIBUNAL DE JUSTIÇA DO DISTRITO FEDERAL E DOS TERRITÓRIOS AGRAVO DE INSTRUMENTO (202) 0707320-59.2021.8.07.0000 AGRAVANTE: REGILSA SANTOS DA SILVA 99694743168 AGRAVADO: BANCO J. SAFRA S.A DECISÃO 1. A ré agrava da decisão da 1ª Vara Cível de Ceilândia (Proc. 0722181-75.2020.8.07.0003 ? id 79448374) que deferiu liminar de busca e apreensão (DL 911/69) do FIAT Fiorino Furgão, 2015, PAG-3560. Alega, em síntese, que i) o registro do veículo está em nome de terceiro; ii) há acordo extrajudicial supostamente descumprido pelo autor sobre o pagamento de duas parcelas; iii) a planilha do débito desconsiderou parcelas já quitadas, incorrendo em excesso de execução; iv) o veículo é como instrumento de trabalho; v) a busca e apreensão ordenada em plena pandemia é ilegal; vi) prevalece a responsabilidade social das instituições financeiras em período de crise pandêmica, visto que foram as mais beneficiadas por ações governamentais voltadas ao crédito; vii) as taxas aplicadas são abusivas. Reafirma a necessidade do benefício, por falta de condições para suportar os custos financeiros do processo. 2. O pedido de gratuidade ainda não foi decidido pelo Juízo a quo, uma vez que está na dependência da realização de diligência a cargo...
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