Processo civil
Páginas | 67-68 |
Page 67
Processual Civil. Agravo Regimental Interposto contra decisão proferida por órgão colegiado. Recurso manifes-tamente incabível. Erro grosseiro. 1. Por expressa previsão legal, somente é ca-bível agravo regimental contra decisão monocrática. 2. A interposição de agravo regimental contra decisão colegiada constitui erro grosseiro, desautorizando a aplicação do princípio da fungibilida-de recursal. 3. Agravo regimental não conhecido.
(STJ - Ag. Regimental nos Embs. de Declaração. na Reclamação n. 2162/PR - 3a. S. - Ac. unânime - Rel.: Min. Rogerio Schietti Cruz-Fonte: DJ, 05.03.2014).
Administrativo e Processual Civil. Agravo Regimental no Recurso Especial. Servidor público. Mandado de Segurança. Pedido de desistência da ação, após a prolação de sentença de mérito. Art. 267, VIII, do CPC. Pos-sibilidade. Questão decidida pelo Supremo Tribunal Federal com base no art. 543-B do CPC. Agravo regimental improvido. I. O Supremo Tribunal Federal, no julgamento do RE 669.367/ RJ, Relatora p/ acórdão a Ministra Rosa Weber, submetido ao regime de repercussão geral, firmou entendi-mento no sentido de que o impetrante pode desistir de Mandado de Seguran-ça, nos termos do art. 267, VIII, do CPC, a qualquer tempo, sem anuência da parte contrária, mesmo após a pro-lação de sentença de mérito. II. Agravo Regimental improvido.
(STJ - Ag. Regimental no Rec. Especial n. 1127391/DF - 6a. T. - Ac. unânime - Rel.: Min. Assusete Magalhães - Fonte: DJ, 11.03.2014).
NOTA BONIJURIS: A respeito do tema: "Processual Civil. Mandado de Segurança. Desistência após a sentença de mérito. Possibilidade.
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O Supremo Tribunal Federal, nos autos do Recurso...
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