Súmula 1
Autor | Fernando Augusto de Vita Borges de Sales |
Ocupação do Autor | Advogado. Mestre em direito. Professor do curso de direito da UNIP - Universidade Paulista e Professor do curso de direito da UNICID - Universidade Cidade de São Paulo |
Páginas | 15-15 |
Page 15
PRAZO JUDICIAL.
Quando a intimação tiver lugar na sexta-feira, ou a publicação com efeito de intimação for feita nesse dia, o prazo judicial será contado da segunda-feira imediata, inclusive, salvo se não houver expediente, caso em que fluirá no dia útil que se seguir.
Assunto: intimação; prazo.
Legislação correlata: CLT/774, 775; CPC/234 [NCPC/269]. Súmulas do TST relacionada: 30; 262; 427.
Comentários
Conforme disposição do CPC/234[NCPC/269], intimação é o ato pelo qual se dá ciência a alguém dos atos e termos do processo, para que faça ou deixe de fazer alguma coisa. A intimação pode ser feita pessoalmente - por oficial de justiça ou pelo correio -, ou por publicação no Diário Oficial.
O prazo para fazer ou deixar de fazer o que determina a intimação começa correr a partir desta (CLT/774), excluindo-se o dia de início - data da intimação - e incluindo-se o dia do término (CLT/775; CPC/184[NCPC/224]). O primeiro dia da contagem do prazo deve sempre cair em dia útil porque, conforme dispõe o CPC/184, § 2º[NCPC/224, § 2º], os prazos somente começam a correr do primeiro dia útil após a intimação. Assim, se a intimação ocorrer numa sexta-feira, tendo em mira que sábados e domingos não são considerados dias...
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