Processo Civil
Páginas | 43-44 |
Page 43
Agravo de instrumento. Tempestividade. Circulação do Diário Oficial em comarca do interior. Postagem do agravo. Multa prevista no art. 538, parágrafo único, do CPC. - Nas comarcas do interior, publicado o ato no Diário Oficial, começa o prazo do recurso na data em que ele circular na Comarca. Precedentes. - É tempestivo o agravo de instrumento postado no correio sob registro com aviso de recebimento, dentro do prazo legal (art. 525, § 2º, do CPC).
Precedentes. - A imposição da multa prevista no art. 538, parágrafo único, do CPC condiciona-se a que o Tribunal justifique o cunho protelatório dos embargos de declaração. Intento procrastinatório não evidenciado na espécie. Recurso especial conhecido, em parte, e provido. (STJ - Rec. Especial n. 716173 - São Paulo - 4a. T. - Ac. unân. - Rel: Min. Barros Monteiro - j. em 15.09.2005 - Fonte: DJ, 24.10.2005).
Extraímos do voto do eminente Relator, Ministro Barros Monteiro, a seguinte lição: "O Diário Oficial de 5.12.2003 somente circulou na comarca de Presidente Prudente no dia 9.12.2003, conforme certificado pela serventia (fl. 15). A jurisprudência desta Corte tem entendido que nas comarcas do interior, publicado o ato no Page 44 Diário Oficial, começa o prazo do recurso na data em que ele circular na Comarca (REsp n. 234.467-RJ e AgRg no Ag n. 476.632-SP, relator Carlos Alberto Menezes Direito; REsp n. 183.946-SP, relator Ministro Felix Fischer). Segundo diretriz também traçada neste Tribunal, as normas locais de organização judiciária podem determinar a data a partir da qual, nas comarcas do interior, deve considerar-se como efetivada a intimação...
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