Decisão Monocrática N° 07214834620188070001 do Tribunal de Justiça do Distrito Federal e dos Territórios, 25-10-2021
Juiz | LEILA ARLANCH |
Data | 25 Outubro 2021 |
Número do processo | 07214834620188070001 |
Órgão | 7ª Turma Cível |
Poder Judiciário da União TRIBUNAL DE JUSTIÇA DO DISTRITO FEDERAL E DOS TERRITÓRIOS LeilaArlanch Gabinete da Desa. Leila Arlanch Número do processo: 0721483-46.2018.8.07.0001 Classe judicial: EMBARGOS DE DECLARAÇÃO CÍVEL (1689) EMBARGANTE: BANCO BRADESCO SA, ALAMO RENT-A-CAR LOCADORA DE AUTOMOVEIS LTDA - ME, VISA DO BRASIL EMPREENDIMENTOS LTDA, ENTERPRISE HOLDINGS SUPORTE DE VENDAS LTDA. EMBARGADO: PAULO CESAR CAPITONI DE BARROS D E C I S Ã O Cuida-se de embargos de declaração opostos pelo apelado, BANCO BRADESCO S.A., em face de decisão (29042515) que não conheceu do recurso de apelação interposto por PAULO CÉSAR CAPITONI DE BARROS. O embargante alega que há omissão na decisão porque não houve manifestação sobre os honorários advocatícios e custas processuais, requerendo que a omissão seja sanada (ID. 29453557). Sem contrarrazões (ID. 29902128, 29934224, 30055646). É o relatório. DECIDO Tem-se que os embargos de declaração configuram incidente do julgado, de caráter recursal mitigado, tendo eventual decisão de acolhimento, na verdade, caráter integrativo, em razão de obscuridade, omissão ou contradição no decisum, e, ainda, por novel legislativo, a correção do erro material. Nesse esteio, deve o embargante apontar omissão, obscuridade ou contradição, e não somente buscar a reapreciação do feito sob pena de desvirtuar a finalidade do recurso, causando a sua rejeição...
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