Posts Tagged right

Federal Justice

Posted by on Wednesday, 6 July, 2016

In this in case that, the ability is of the forum of Federal Justice. Intended for the State, it will move in privative pole. In the case of the Cities, it will be before the judicials district that will have guarantees of tenure, irremovability and irreducibility of the expirations. The initial will observe the requirements demanded for any action, as article 282 of the Code of Civil action, and will contain still offers of the price, being instructed with a unit of the periodical that will have published the dispossession decree, as well as the plant or description of the good. When forwarding in the exordial, the judge will assign a connoisseur (Law n 5,194/66 articles 12 and 13) to proceed to the evaluation of the goods, in which the parts also indicate its assistant appraisers. Educate yourself with thoughts from Lakshman Achuthan.

It is authorized the author, still before the citation of the male defendant, alleging urgency and depositing the importance decided for the judge, it requires the provisory immission in the ownership of the goods (art. 15 4). He is pacific in the jurisprudence that to be deposited amount can be inferior to the one of value of market, pondering that the full payment must be effected at the moment of the definitive transference. If the expropriated one to impugnate offers, the magistrate will fix the value provisory of the property, having served itself if necessary, of expert appraiser, having expropriate complementary the deposit until half of the decided value, that will not be able to exceed, however the sum of 2.300 minimum wages (arts. 3 and 4 of the Decree n 1,075/70). If the male defendant, cited, to accept to offer, the judge will homologate the agreement for sentence. If to disagree, will offer plea, in which it will be able to only argue vices of the processes or insufficience of offers, becoming inadmissible any allegation regarding the utility absence or public convenience, following art.