Decisão monocrática Nº 0800049-02.2020.8.10.9007 do TJMA. Tribunal de Justiça do Estado do Maranhão, Turma Recursal Cível E Criminal de Pinheiro, 27-10-2020
Data de decisão | 27 Outubro 2020 |
Número do processo | 0800049-02.2020.8.10.9007 |
Ano | 2020 |
Classe processual | Mandado de Segurança Cível |
Órgão | Turma Recursal Cível E Criminal de Pinheiro |
Tipo de documento | Decisão monocrática |
MANDADO DE SEGURANÇA Nº 080049-02.2020.8.10.9007
IMPETRANTE: BANCO DO BRASIL S.A
ADVOGADO(A): NELSON WILIANS FRATONI RODRIGUES OAB/MA 9348-A
IMPETRADO: JUIZ(A) DE DIREITO DA VARA ÚNICA DA COMARCA DE BACURI/MA
LITISCONSORTE: JOSÉ ALTINO MARQUES FERREIRA
DECISÃO
Trata-se de Mandado de Segurança impetrado por BANCO DO BRASIL S.A contra decisão proferida nos autos do processo 0800291-94.2020.8.10.0071 em que foi determinada a suspensão dos descontos provenientes de aposentadoria do requerente JOSÉ ALTINO MARQUES FERREIRA pelo Juiz de Direito da Vara Única da Comarca de Bacuri/MA.
Aduz o impetrante que a medida judicial adotada pela impetrada não poderia ter ocorrido por não se enquadrar nas hipóteses legais de suspensão dos descontos e imposição da multa prevista na referida decisão.
A lei que disciplina as normas processuais relativas ao mandado de segurança estabelece que para a concessão da medida cautelar se faz necessária a presença de dois requisitos: quando for relevante o fundamento e do ato impugnado puder resultar a ineficácia da medida, caso deferida.
Requereu liminar para que seja suspensa a decisão ora impugnada e eventualmente, em caso de manutenção da liminar, requer o...
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