Súmula 211
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 | 77-77 |
Page 77
JUROS DE MORA E CORREÇÃO MONETÁRIA. INDEPENDÊNCIA DO PEDIDO INICIAL E DO TÍTULO EXECUTIVO JUDICIAL.
Os juros de mora e a correção monetária incluem-se na liquidação, ainda que omisso o pedido inicial ou a condenação.
Assunto: Juros de mora; correção monetária; pedido. Legislação correlata: Lei 8.177/91.
Súmulas do TST relacionadas: 200.
Comentários
Sobre juros de mora e correção monetária, ver comentários à súmula 200.
Tanto a correção monetária quanto os juros de mora são considerados pedidos implícitos. Dado o seu caráter acessório, eles acompanham o pedido principal.
Daí que, mesmo que não haja pedido de correção monetária e juros na petição inicial, eles serão devidos, se devida for a verba principal. Desta forma, poderá o juiz condenar a reclamada no pagamento de tais verbas, sem que a sentença seja considerada ultra petita.
Mas a súmula em comento vai mais além: os juros e a correção poderão ser incluídos na liquidação, mesmo que não haja pedido nem condenação. Deste modo, mesmo que o título executivo que se pretender liquidar - sentença ou...
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