Decisão Monocrática N° 07181017420208070001 do Tribunal de Justiça do Distrito Federal e dos Territórios, 30-03-2021
Juiz | GISLENE PINHEIRO |
Data | 30 Março 2021 |
Número do processo | 07181017420208070001 |
Órgão | 7ª Turma Cível |
Poder Judiciário da União TRIBUNAL DE JUSTIÇA DO DISTRITO FEDERAL E DOS TERRITÓRIOS Gabinete da Desembargadora GISLENE PINHEIRO DE OLIVEIRA Número do processo: 0718101-74.2020.8.07.0001 Classe judicial: APELAÇÃO CÍVEL (198) APELANTE: HILDEBRANDO VIEIRA DE SOUZA JUNIOR APELADO: FUNDACAO ASSISTENCIAL DOS SERVIDORES DO MINISTERIO DA FAZENDA DECISÃO Compulsando os autos, verifica-se que após a subida dos autos a esta instância recursal, houve manifestação dos autos atinente ao falecimento da parte Autora, ora Apelante, oportunidade em que foi determinada as providências quanto a sucessão processual e a consequente suspensão do feito (id. 22706589 e 22955866). Passo seguinte os sucessores do Autor/Apelante requereram a habilitação nos autos e manifestando interesse no prosseguimento do feito pleitearam a concessão de gratuidade de justiça, conforme documentos de id. 23334514 a 23334533. Intimada a parte Ré/Apelada, a mesma manifestou em petição de id. 23723086. Pois bem, nos termos do art. 110 do Código de Processo Civil estabelece que ?ocorrendo a morte de qualquer das partes, dar-se-á substituição pelo seu espólio ou pelos seus sucessores?. Quando a habilitação é pleiteada pelos herdeiros necessários, que comprovem por documentos a sua qualidade e o óbito do falecido, o pedido é processado nos autos da ação principal, tal como prescreve o artigo 689 do CPC, sendo desnecessária sua...
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