Decisão Monocrática N° 07146931020228070000 do Tribunal de Justiça do Distrito Federal e dos Territórios, 24-06-2022
Juiz | FERNANDO HABIBE |
Número do processo | 07146931020228070000 |
Data | 24 Junho 2022 |
Órgão | 4ª Turma Cível |
PODER JUDICIÁRIO DA UNIÃO TRIBUNAL DE JUSTIÇA DO DISTRITO FEDERAL E DOS TERRITÓRIOS AGRAVO DE INSTRUMENTO (202) 0714693-10.2022.8.07.0000 AGRAVANTE: ELCIO SANTOS VIEIRA AGRAVADO: GIANCARLO DE OLIVEIRA DECISÃO 1. O devedor agrava da decisão da 4ª Vara Cível de Taguatinga (Proc. 0715263-14.2018.8.07.0007 - id 121835029) que, em liquidação por arbitramento, ordenou a suspensão do seu passaporte pela Polícia Federal, sob a fundamentação de que estaria comprovado que vendeu diretamente imóvel comum, com o acréscimo de que há informação de que pretende deixar o País. Alega, em suma, ofensa ao seu direito de ir e vir e falta de prova de que pretenda ausentar-se do País. Pede a suspensão liminar da decisão agravada e, no mérito, a sua reforma. 2. A julgar pelos termos da decisão impugnada, a medida atípica deferida teria caráter de urgência, verbis: ?(...) ante a comprovação da venda direta do imóvel pela parte executada na atual fase processual, bem como o risco informado de que o executado estaria deixando o país, solicito à POLÍCIA FEDERAL, por meio de seu Diretor Geral, situada na SAUS Quadra 06, Bloco A, Lotes 9/10, Edifício Sede da PF, Brasília/DF, que promova a suspensão imediata do passaporte de ELCIO SANTOS VIEIRA, CPF 364.609.401-00, até nova determinação. ? Grifei No entanto, a suspensão do passaporte restringe a liberdade de locomoção do agravante ao território nacional, medida estranha à competência do juízo extrapenal, salvo a excepcionalíssima hipótese do devedor...
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