Post by account_disabled on Jan 11, 2024 1:40:12 GMT -6
proposed and contested. There was absolutely no denial of judicial provision, as the sentence on fl. 487, integrated into fl. 500, meets the provisions contained in arts. 832, of the CLT c/c 458, of the CPC, with no violation of item IX, of art. 93, of the Federal Constitution. The insurgency actually reveals the understanding espoused by the MM. Judgment of Origin. I reject the preliminary nullity. 2. Preliminary nullity – ultra petita judgment In fact, according to the provisions of arts. 128 and 460, of the CPC, the judge must adhere to the strict limits of litiscontestatio. That is to say, judicial provision must necessarily occur within the limits of the dispute, so that due legal process, full defense and contradictory.
proceedings are preserved. And, from this perspective, the so-called extrapolation cannot be envisaged. This is because MM. The court a quo, in accordance with the system of free motivated conviction, rational persuasion and assessment of evidence (art. 131, CPC), applied the Law to the specific Phone Number List case, according to the principle narra mihi factum dabo tibi ius, understanding that it was is an issue that falls outside the competence of this Specialized Department. I reject the preliminary nullity. 3. The case law standardization incident Failure to comply with the formality referred to in art. 139-A, para.
Internal Regulations of this Court, makes it impossible to initiate an incident of uniformity of jurisprudence, randomly requested. 4. The competence of the Labor Court The controversy is limited, in short, to the competence of the Labor Court, to assess and judge a dispute concerning a Notary's employee, under the appellate argument that the present complaint pertains to claims linked to the rules contained in the CLT. Given the facts, nonconformity thrives. It is true that notary and registration services are carried out privately, by delegation from the Public Power. No less certain is that these delegated agents are.
proceedings are preserved. And, from this perspective, the so-called extrapolation cannot be envisaged. This is because MM. The court a quo, in accordance with the system of free motivated conviction, rational persuasion and assessment of evidence (art. 131, CPC), applied the Law to the specific Phone Number List case, according to the principle narra mihi factum dabo tibi ius, understanding that it was is an issue that falls outside the competence of this Specialized Department. I reject the preliminary nullity. 3. The case law standardization incident Failure to comply with the formality referred to in art. 139-A, para.
Internal Regulations of this Court, makes it impossible to initiate an incident of uniformity of jurisprudence, randomly requested. 4. The competence of the Labor Court The controversy is limited, in short, to the competence of the Labor Court, to assess and judge a dispute concerning a Notary's employee, under the appellate argument that the present complaint pertains to claims linked to the rules contained in the CLT. Given the facts, nonconformity thrives. It is true that notary and registration services are carried out privately, by delegation from the Public Power. No less certain is that these delegated agents are.