Gratuidade da Justiça, preparo recursal e curador especial
A corte especial do Superior Tribunal de Justiça, no EAREsp 978.895, decidiu que “tendo em vista os princípios do contraditório e da ampla defesa, o recurso interposto pela Defensoria Pública, na qualidade de curadora especial, está dispensado do pagamento de preparo” (trecho da ementa).
A decisão se originou de embargos de divergência ajuizado contra acórdão proferido pela 1ª Turma, cuja ementa era seguinte: “Não é possível a concessão de assistência judiciária gratuita ao réu citado por edital que, quedando-se revel, passou a ser defendido por Defensor Público na qualidade de curador especial, pois inexiste nos autos a comprovação da hipossuficiência da parte, visto que, na hipótese de citação ficta, não cabe presumir a miserabilidade da parte e o curador, ainda que membro da Defensoria, não possui condições de conhecer ou demonstrar a situação econômica da parte ora agravante, muito menos requerer, em nome desta, a gratuidade de justiça”.
Discutiu-se, portanto, se o fato de a Defensoria Pública atuar como curadora implica, necessariamente, no deferimento da gratuidade da justiça, devendo, por isso, ser dispensado o preparo recursal.
Decidiu-se que “se o réu é revel e está sendo assistido pela Defensoria Pública, a exigência do pagamento das custas processuais implica, na prática, na impossibilidade de interposição do recurso” (trecho do voto da ministra relatora).
Conforme se verifica, o STJ, a partir do debate acerca da necessidade de preparo recursal nestes...
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