Processo Civil
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Page 45
Apelação cível - Ação de obrigação de fazerRealização de exame - Município - Condenação ao pagamento de honorários em favor da defensoria - Recurso não provido. São devidos os honorários advocatícios em favor da Defensoria Pública nas causas em que a Fazenda Pública for vencida, devendo ser fixados segundo critério da eqüidade, levando-se em consideração o disposto nas letras a, b, e c do § 3º do art. 20 do CPC. Sendo a Defensoria Pública Estadual instituição pertencente ao Estado de Mato Grosso do Sul, pessoa jurídica de direito público diversa do Município de Campo Grande, não há falar no instituto da confusão entre credor e devedor, a fim de afastar a condenação ao pagamento de honorários. (TJ/MS - Ap. Cível n. 2007.025066-8Comarca de Campo Grande - 3a. T. Cív. - Ac. unân. - Rel.: Des. Rubens Bergonzi Bossay - j. em 24.09.2007 - Fonte: DJMS, 04.10.2007).
Agravo de instrumento. Ação declaratória. Exclusão do nome do devedor. SPC. Serasa. Admissibilidade. 1Presentes os requisitos elencados no art. 273 do CPC, consubstanciados na verossimilhança do alegado e perigo da demora, e estando a existência do débito em discussão, coerente se faz o deferimento da tutela antecipada em grau de recurso a fim de que seja obstada a inscrição do nome do devedor junto aos órgãos de...
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