Decisão Monocrática N° 07105614120218070000 do Tribunal de Justiça do Distrito Federal e dos Territórios, 23-04-2021
| Juiz | FERNANDO HABIBE |
| Data | 23 Abril 2021 |
| Número do processo | 07105614120218070000 |
| Órgão | 4ª Turma Cível |
PODER JUDICIÁRIO DA UNIÃO TRIBUNAL DE JUSTIÇA DO DISTRITO FEDERAL E DOS TERRITÓRIOS AGRAVO DE INSTRUMENTO (202) 0710561-41.2021.8.07.0000 AGRAVANTE: WILKEM NOGUEIRA ROCHA, MARIA DOLORES SANTOS DA PURIFICACAO NOGUEIRA, LUCIANO ANDRE DA SILVEIRA E SILVA, DOROTEIA DAS GRACAS SANTANA DA SILVEIRA, DEVETH LIMA FERREIRA, DANIELLE SOUSA FEITOSA FERREIRA AGRAVADO: MARIA APARECIDA COELHO ARAUJO, JANILTO LIMA COSTA DECISÃO 1. Os autores agravam do capítulo da decisão da 16ª Vara Cível de Brasília (Proc. 0700049-93.2021.8.07.0001 - id 87022360), embora lhes tenha concedido liminar de imissão na posse de imóvel adquirido da CEF em leilão extrajudicial, após o prazo para desocupação voluntária, refutou a alegação dos réus de nulidade da citação por Whatapp e suspendeu o trâmite do processo até o trânsito em julgado da sentença que vier a ser proferida no Proc.. 1055584-54.2020.4.01.3400, em curso na Justiça Federal, por reputá-lo prejudicial externa. Negam que a demanda federal constitua prejudicial externa e afirmam, por economia processual, a nulidade da citação, recontando-se o prazo para desocupação a partir da manifestação espontânea dos réus ? 26/02/21 -, ex vi do CPC 239, § 1º. Salientam que os réus já desocuparam o imóvel e pedem, subsidiariamente, que eles paguem mensalmente taxa de ocupação pleiteada na inicial da demanda, correspondente a 1% do valor do imóvel para efeito de venda em leilão. Apontam perigo de dano na privação do direito fundamental ao gozo de sua propriedade. Requerem a tutela de urgência. 2. A higidez da citação/intimação...
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