Decisão Monocrática N° 07203805120218070016 do Tribunal de Justiça do Distrito Federal e dos Territórios, 02-05-2022
Juiz | ANTONIO FERNANDES DA LUZ |
Data | 02 Maio 2022 |
Número do processo | 07203805120218070016 |
Órgão | 1ª Turma Recursal dos Juizados Especiais Cíveis e Criminais do DF |
Poder Judiciário da União TRIBUNAL DE JUSTIÇA DO DISTRITO FEDERAL E DOS TERRITÓRIOS GAB2TR1 Gabinete do Juiz de Direito Antonio Fernandes da Luz Número do processo: 0720380-51.2021.8.07.0016 Classe judicial: EMBARGOS DE DECLARAÇÃO CÍVEL (1689) EMBARGANTE: YURY PEREIRA FERNANDES EMBARGADO: DISTRITO FEDERAL DECISÃO Vistos, etc. Trata-se de petição intercorrente apresentada pelo recorrente, requerendo o chamamento do feito à ordem para que os autos sejam retirado de pauta e determinado o regresso dos autos ao juízo de primeiro grau, a fim de realizar o juízo de retratação, e aplicar o Tema 942 fixado pelo STF em sede de Recurso Extraordinário com Repercussão Geral reconhecida. É o breve relatório. Decido. O juízo de retratação previsto no art. 1.030, II do CPC, aplica-se tão somente no âmbito do segundo grau de jurisdição, quando o Acórdão divergir do entendimento do STF exarado no regime de Repercussão Geral. No presente caso, o Acórdão que julgou o Recurso Inominado fundamentou pela não subsunção do TEMA 942 de Repercussão Geral, entendendo se tratar de situações distintas a averbação e a contagem diferenciada do...
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