Decisão Monocrática N° 07281406520228070000 do Tribunal de Justiça do Distrito Federal e dos Territórios, 02-09-2022
Juiz | VERA ANDRIGHI |
Número do processo | 07281406520228070000 |
Data | 02 Setembro 2022 |
Órgão | 6ª Turma Cível |
PODER JUDICIÁRIO DA UNIÃO TRIBUNAL DE JUSTIÇA DO DISTRITO FEDERAL E DOS TERRITÓRIOS 6ª Turma Cível Gabinete da Desembargadora Vera Andrighi AGRAVO DE INSTRUMENTO (202) 0728140-65.2022.8.07.0000 AGRAVANTE: VANESSA MARTINS AGRAVADO: CELSO SATORU KURIKE DECISÃO VANESSA MARTINS interpôs agravo de instrumento, com pedido de efeito suspensivo, da r. decisão proferida na ação de reintegração de posse movida por CELSO SATORU KURIKE, que reconheceu a intempestividade da sua contestação e decretou-lhe a revelia. A r. decisão não tem previsão de impugnação no rol do art. 1.015 do CPC. A Corte Especial do eg. STJ, no julgamento repetitivo do REsp 1.704.520/MT (Tema 988), fixou a seguinte tese jurídica: ?(...) nos termos do art. 1.036 e seguintes do CPC/2015, fixa-se a seguinte tese jurídica: O rol do art. 1.015 do CPC é de taxatividade mitigada, por isso admite a interposição de agravo de instrumento quando verificada a urgência decorrente da inutilidade do julgamento da questão no recurso de apelação.? (REsp 1704520/MT, Corte Especial, Rel. Min. Nancy Andrighi, DJe: 19/12/18). No entanto, não se constata na espécie a urgência necessária para admissibilidade do presente recurso, pois o...
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