Post by sailasathay44 on Jan 11, 2024 2:32:59 GMT -5
In the individual writ of mandamus process, it is not possible to be ordered to pay attorney's fees for failure, including during the sentence enforcement phase.
reproduction
With this understanding, the 1st Panel of the Superior Court of Justice overturned the conviction imposed on the INSS in the sentence compliance phase of a decision in favor of an insured in a writ of mandamus.
The prohibition against condemnation to the payment of default fees in this type of process is provided for in article 25 of Law 12,016/2009 and consolidated by Summary 105 of the STJ, published in 1994.
The court, on the other hand, has WhatsApp Number List accepted succumbing fees in individual executions of collective writs of mandamus. This is because the generic sentence demands cognitive effort in the lawyer's performance.
In these cases, the execution filed must demonstrate that the author is the holder of the material right discussed in the collective MS, in addition to individualizing and settling the amount due. Jurisprudence recognizes high cognitive content.
The execution of the individual security order, in turn, is a mere incident aimed at agreeing on the judicial order granting security. "There is no way to rule out the impact of article 25 of Law 12,016/2009", concluded the rapporteur, summoned judge Manoel Erhardt. The vote was unanimous.
reproduction
With this understanding, the 1st Panel of the Superior Court of Justice overturned the conviction imposed on the INSS in the sentence compliance phase of a decision in favor of an insured in a writ of mandamus.
The prohibition against condemnation to the payment of default fees in this type of process is provided for in article 25 of Law 12,016/2009 and consolidated by Summary 105 of the STJ, published in 1994.
The court, on the other hand, has WhatsApp Number List accepted succumbing fees in individual executions of collective writs of mandamus. This is because the generic sentence demands cognitive effort in the lawyer's performance.
In these cases, the execution filed must demonstrate that the author is the holder of the material right discussed in the collective MS, in addition to individualizing and settling the amount due. Jurisprudence recognizes high cognitive content.
The execution of the individual security order, in turn, is a mere incident aimed at agreeing on the judicial order granting security. "There is no way to rule out the impact of article 25 of Law 12,016/2009", concluded the rapporteur, summoned judge Manoel Erhardt. The vote was unanimous.