Decisão Nº 08147178320228200000 de TJRN. Tribunal de Justiça do Rio Grande do Norte, Terceira Câmara Cível, 23-02-2023
Data de Julgamento | 23 Fevereiro 2023 |
Classe processual | CUMPRIMENTO DE SENTENÇA CONTRA A FAZENDA PÚBLICA |
Número do processo | 08147178320228200000 |
Órgão | Terceira Câmara Cível |
Tipo de documento | Decisão monocrática |
DECISÃO
Consultando o Sistema de Automação do Judiciário (SAJ), observa-se que anteriormente fora distribuído um Mandado de Segurança (proc. nº 2008.010540-7), sob a Relatoria do Desembargador Vivaldo Pinheiro, o qual se insurgiu contra decisão proferida no mesmo processo originário.
Dispõe o parágrafo único do art. 930 do Novo Código de Processo Civil:
"o primeiro recurso protocolado no tribunal tornará prevento o relator para eventual recurso subsequente interposto no mesmo processo ou em processo conexo".
Por sua vez, o art. 154, III, do Regimento Interno do TJRN, com nova redação dada pela Emenda Regimental nº 29/2020-TJ, de 04 de março de 2020, assim prescreve:
"Art.154.................................................................................
III - A distribuição do mandado de segurança, do habeas corpus, do recurso, do incidente processual e das demais ações firmará prevenção para todos os feitos posteriores referentes ao mesmo processo ou processos relacionados por conexão ou continência, ainda quando não conhecido ou já julgado o primeiro feito.”
Ante o exposto, por se tratar de evidente hipótese de prevenção, deve o recurso ser redistribuído ao referido Desembargador, nos termos do art. 154, III, do Regimento Interno desta Corte.
Natal, 23 de fevereiro de 2023.
Desembargador CLAUDIO SANTOS
Relator
Para continuar a ler
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