Decisão Monocrática N° 07615134420198070016 do Tribunal de Justiça do Distrito Federal e dos Territórios, 07-11-2023
Juiz | LUIS EDUARDO YATSUDA ARIMA |
Número do processo | 07615134420198070016 |
Data | 07 Novembro 2023 |
Órgão | 1ª Turma Recursal dos Juizados Especiais Cíveis e Criminais do DF |
Poder Judiciário da União TRIBUNAL DE JUSTIÇA DO DISTRITO FEDERAL E DOS TERRITÓRIOS GAB1TR1 Gabinete do Juiz de Direito Luis Eduardo Yatsuda Arima Número do processo: 0761513-44.2019.8.07.0016 Classe judicial: RECURSO INOMINADO CÍVEL (460) RECORRENTE: DISTRITO FEDERAL RECORRIDO: ALINE CRISTIANE AIRES VIANA MENDES D E S P A C H O Na origem, o Distrito Federal (DF) foi condenado a pagar à autora o medicamento pleiteado na inicial (ID. 16612514). Contra essa sentença foi interposto Recurso Inominado pelo DF (ID. 16612531). Publicado acórdão desta Turma no ID. 21612839, que conheceu, mas não deu provimento ao recurso interposto, o DF (recorrente vencido) foi condenado ao pagamento de honorários advocatícios fixados em 10% sobre o valor da causa. O DF interpôs Recurso Extraordinário contra o acórdão, considerando a sua condenação em honorários advocatícios em favor da Defensoria Pública do DF (ID. 22393567). Apresentadas contrarrazões pela Defensoria Pública do DF (ID. 25268088). O feito estava suspenso em razão de estar afeta a matéria recorrida à análise pelo STF por meio do Tema 1.002 (ID. 25472496). Publicado o acórdão do STF, a Defensoria Pública requer a aplicação da tese firmada no Tema 1.002 (ID. 50550192). Não obstante tal requerimento, observa-se, no entanto, que o acórdão desta Turma de ID. 21612839 está em harmonia com o entendimento firmado no Tema 1.002 pelo STF, sendo o caso, portanto, de remessa dos autos à Presidência da Turma para a análise do Recurso Extraordinário interposto, com base no art. 1.040, inc. I, do...
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