Decisão Monocrática N° 07139212120218070020 do Tribunal de Justiça do Distrito Federal e dos Territórios, 03-04-2023
Juiz | ARNALDO CORRÊA SILVA |
Número do processo | 07139212120218070020 |
Data | 03 Abril 2023 |
Órgão | 2ª Turma Recursal dos Juizados Especiais Cíveis e Criminais do DF |
Poder Judiciário da União TRIBUNAL DE JUSTIÇA DO DISTRITO FEDERAL E DOS TERRITÓRIOS GAB2TR2 Gabinete do Juiz de Direito Arnaldo Corrêa Silva Número do processo: 0713921-21.2021.8.07.0020 Classe judicial: RECURSO INOMINADO CÍVEL (460) RECORRENTE: MARCIA CRISTINA DE SOUZA GONCALVES, NBRAND BRASIL FRANCHISING E SERVICOS LTDA. RECORRIDO: LIMPEZA TOTAL LTDA, FERNANDA SOUZA DAMACENO, RENATO MATSUURA CAMPOS DESPACHO Nos termos do art. 42, § 1º, da Lei 9.099/95, o preparo será feito, independentemente de intimação, nas quarenta e oito horas seguintes à interposição do recurso, sob pena de deserção. No entanto, no recurso da requeria MARCIA CRISTINA DE SOUZA GONÇALVES houve pedido do benefício da justiça gratuita. O benefício da gratuidade de justiça não pode ser deferido com base apenas na declaração formal, tendo a parte requerente o ônus de provar o fato constitutivo de seu direito, como exigido pelo art. 5º, LXXIV, da Constituição Federal. Outrossim, o benefício da gratuidade pleiteado restou impugnado pela segunda requerida. Assim, nos termos do art. 99, § 2º e 7º, do Código de Processo Civil, determino que no prazo de 48h a recorrente junte documentos que comprovem o seu estado de hipossuficiência. Sem comprovação, deverá recolher as custas/preparo sob pena de deserção. Intimem-se. Brasília, 30 de março de 2023. Juiz ARNALDO CORRÊA SILVA Relator
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