Decisão Monocrática N° 07411738820238070000 do Tribunal de Justiça do Distrito Federal e dos Territórios, 11-10-2023
| Juiz | EUSTÁQUIO DE CASTRO |
| Número do processo | 07411738820238070000 |
| Data | 11 Outubro 2023 |
| Órgão | 2ª Câmara 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: 0741173-88.2023.8.07.0000 Classe judicial: AÇÃO RESCISÓRIA (47) AUTOR: PAULO CESAR FERREIRA DA SILVA GONCALVES TOLENTINO REU: NILZA MARIA DE SOUZA, RICHARD DE SOUZA COELHO, CHARLES HENRIQUE DE SOUZA COELHO D E C I S Ã O Decisão - Emenda à Inicial A Ação Rescisória é mecanismo excepcional no mundo jurídico, pois visa a desconstituição da Coisa Julgada, a qual tem proteção Constitucional. Portanto, somente a comprovação das hipóteses do artigo 966, do Código de Processo Civil, podem levar à rescisão do julgado. No caso da Petição Inicial, verifica-se a capitulação do vício rescisório na existência de dolo da parte, o qual, segundo a Jurisprudência, trata-se de vício endoprocessual. Demais, é incabível novo julgamento do processo, por si só, com novo revolvimento da matéria fático probatória. Dessa feita, ao autor para emendar a Petição...
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