Decisão Monocrática N° 07239497920198070000 do Tribunal de Justiça do Distrito Federal e dos Territórios, 11-02-2021
Juiz | ROBSON BARBOSA DE AZEVEDO |
Número do processo | 07239497920198070000 |
Data | 11 Fevereiro 2021 |
Órgão | 5ª Turma Cível |
Poder Judiciário da União TRIBUNAL DE JUSTIÇA DO DISTRITO FEDERAL E DOS TERRITÓRIOS Gabinete do Des. Robson Barbosa de Azevedo Número do processo: 0723949-79.2019.8.07.0000 Classe judicial: AGRAVO DE INSTRUMENTO (202) AGRAVANTE: BRASAL REFRIGERANTES S/A AGRAVADO: GONCALO FERNANDES DA SILVA D E S P A C H O Trata-se de Agravo de Instrumento interposto por BRASAL REFRIGERANTES S/A contra a decisão proferida pelo i. Juízo de Direito da 21ª Vara Cível de Brasília que, no cumprimento de sentença n.º 0730888-43.2017.8.07.0001, indeferiu o pedido do exequente de penhora e o saque do saldo da conta vinculada ao PIS/PASEP de titularidade do executado. Pelo despacho de ID 19065416, determinei a intimação do agravante para que se manifestasse quanto a certidão de ID 18013872, que informava sobre o óbito do agravado. O recorrente apresentou a petição de ID 19416219, pugnando pela ?suspensão do feito por 06 (seis) meses, conforme estabelece o art. 313, inciso I, e §2º, inciso I, todos do CPC 15, a fim de se proceder à tentativa de localização do representante do espólio, dos sucessores ou dos herdeiros do de cujus, para operar a sua sucessão processual no polo passivo da ação?. Diante disso, consultando os autos originários, verifiquei que pela decisão de ID 74780781, o Juízo a quo, que já havia determinado a suspensão dos autos (ID 6147794), retornou a suspensão após a notícia do falecimento, facultando ao credor a regularização do polo passivo. Todavia, no caso do presente...
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