Decisão Monocrática N° 07497298420208070000 do Tribunal de Justiça do Distrito Federal e dos Territórios, 13-07-2021
Juiz | FERNANDO HABIBE |
Data | 13 Julho 2021 |
Número do processo | 07497298420208070000 |
Órgão | 4ª Turma Cível |
PODER JUDICIÁRIO DA UNIÃO TRIBUNAL DE JUSTIÇA DO DISTRITO FEDERAL E DOS TERRITÓRIOS AGRAVO DE INSTRUMENTO (202) 0749729-84.2020.8.07.0000 AGRAVANTE: ADIMAR DE BARROS AGRAVADO: NÃO HÁ DECISÃO 1. O autor agrava da decisão da 1ª Vara de Família e de Órfãos e Sucessões de Águas Claras (Proc. 0711931-29.2020.8.07.0020 - id 74124204) que, sob o fundamento de que a pretensão de levantamento de saldo de FGTS/PIS/PASEP deve tramitar nos mesmos autos do inventário (0712887-16.2018.8.07.0020), determinou o cancelamento da distribuição. Alega, em suma, que o saldo de FGTS/PIS/PASEP não se submete ao inventário, mas à simples demanda de alvará judicial. Afirma que estão presentes os requisitos para a concessão do pedido liminar, pois a inicial está instruída com os documentos necessários à comprovação dos fatos alegados, conforme CPC 311, II e IV. Requer a concessão da liminar para determinar a expedição de ofício à CEF para providências quanto à transferência do aludido crédito. 2. A decisão agravada conta com o seguinte dispositivo: Destarte, determino o cancelamento da distribuição deste feito, bem como determino às partes que peticionem no bojo dos autos n° 0712887-16.2018.8.07.0020, observando-se o artigo 670 do CPC. Não se ignora que o CPC 290 trata do cancelamento da distribuição, porém, nos casos em que a parte não realiza o recolhimento das custas iniciais, hipótese estranha aos autos principais. Confira-se: Art. 290. Será...
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