Decisão Monocrática N° 07321488520228070000 do Tribunal de Justiça do Distrito Federal e dos Territórios, 30-09-2022
Juiz | EUSTÁQUIO DE CASTRO |
Número do processo | 07321488520228070000 |
Data | 30 Setembro 2022 |
Órgão | 8ª Turma Cível |
Poder Judiciário da União TRIBUNAL DE JUSTIÇA DO DISTRITO FEDERAL E DOS TERRITÓRIOS Eustáquio de Castro Gabinete do Desembargador Eustáquio de Castro Número do processo: 0732148-85.2022.8.07.0000 Classe judicial: AGRAVO DE INSTRUMENTO (202) AGRAVANTE: ALCANCE E-COMMERCE LTDA - ME AGRAVADO: OSMAR LOPES GOMES D E C I S Ã O Agravo de Instrumento ? Gratuidade de Justiça ? Declaração de Hipossuficiência ? Pessoa Jurídica ? Deferimento da Benesse Com efeito, nos termos do artigo 98 do Código de Processo Civil, a pessoa natural ou jurídica com insuficiência de recursos para pagar as custas, as despesas processuais e os honorários advocatícios tem direito à gratuidade de justiça. Nesse diapasão, a avaliação deve ser feita de modo criterioso, observando-se a situação particular daquele a pleitear o benefício, inexistindo critérios objetivos para um corte seguro, uma linha demarcatória, entre a situação fática autorizadora da concessão da Gratuidade e aquela outra onde não será garantido ao litigante usufruir dos direitos dispostos no parágrafo primeiro, do artigo 98, do Código de Processo Civil. Na situação concreta, a parte é pessoa jurídica trouxe extratos bancários que demonstram a ausência de movimentação financeira desde maio de2022, inclusive com a tentativa de bloqueio judicial de valores, motivo pelo qual, ao menos em análise sumária, não se verifica a...
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