Decisão Monocrática N° 07305676920218070000 do Tribunal de Justiça do Distrito Federal e dos Territórios, 28-09-2021
Juiz | TEÓFILO CAETANO |
Data | 28 Setembro 2021 |
Número do processo | 07305676920218070000 |
Órgão | 1ª Câmara Cível |
Vistos etc. Considerando que a ação rescisória não consubstancia nova via recursal, mas instrumento processual extraordinário destinado a, afastando a higidez da coisa julgada, velar pela plenitude do ordenamento jurídico e do estado de direito, ensejando que seu processamento seja vinculado e adstrito às hipóteses legalmente assinaladas, assinalo o prazo de 15 (quinze) dias à autora para aditar a inicial no pertinente: i) à causa de pedir apta a aparelhar a pretensão desconstitutiva aduzida, que, como é consabido, está jungida a fundamentação vinculada que deve se enquadrar, em homenagem ao dogma que resguarda intangibilidade à coisa julgada, às hipóteses assinaladas, indicando os dispositivos legais que reputara violados, devendo, ademais, individualizar os fatos e fundamentos que seriam aptos a aparelharem a pretensão desconstitutiva aduzida, que deverá ser coadunada com o instrumento processual manejado (CPC, arts. 966 e 968), pois o que aduzira, em verdade, não encerra, na dicção legal, dolo da parte ré, mas simples exercício regular do direito de ação por parte dela, e, no momento apropriado, não se defendera...
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