Código de Processo Civil – Art. 133 a 144


CHAPTER IV PERSONALITY INCIDENT INCIDENT
LEGAL Art. 133. The incident of disregard
of legal personality will be established at the request of the party or the prosecutor,
when appropriate to intervene in the process. Paragraph 1. The request for disregard of personality
shall comply with the assumptions provided in law. § 2 The provisions of this Chapter apply.
the hypothesis of inverse disregard of legal personality. Art. 134. The incident of disregard
is suitable at all stages of the process of knowledge, in compliance with judgment
and in execution founded on executive title extrajudicial. Paragraph 1. The opening of the incident shall be
immediately communicated to the distributor for the due notes. Paragraph 2. The filing of the incident is waived.
if the disregard of legal personality requested in the application,
in which the partner or legal entity will be cited. Paragraph 3. The opening of the incident shall suspend
except in the case of § 2. Paragraph 4. The application must demonstrate the fulfillment
specific legal assumptions for disregard of legal personality. Art. 135. Once the incident is initiated, the partner
or the legal entity will be summoned to express and request the appropriate evidence within
15 (fifteen) days. Art. 136. Upon completion of the instruction, if necessary,
the incident will be resolved by interlocutory decision. Single paragraph. If the decision is made
by the rapporteur, the internal injury is appropriate. Article 137. The request for disregard was accepted,
the disposal or encumbrance of assets, whether in execution fraud, will be ineffective in
relation to the applicant. CHAPTER V AMICUS CURIAE Art. 138. The judge or the rapporteur, considering
the relevance of the subject, the specificity the subject matter of the demand or the repercussion
controversy, may, by decision of the unappealable, in office or at the request
of the parties or of those who wish to speak, request or admit the participation of a person
natural or legal person, body or entity with appropriate representation,
within 15 (fifteen) days of its subpoena. Paragraph 1. The intervention referred to in the caption
does not imply a change of competence or authorizes the lodging of appeals, except for
the opposition of declaration embargoes and the hypothesis of § 3º. Paragraph 2. The judge or the rapporteur shall be responsible for
request or admit the intervention, define the powers of amicus curiae. Paragraph 3. Amicus curiae may appeal against the decision
to judge the dispute resolution incident repetitive. TITLE IV JUDGE AND JUSTICE AID CHAPTER I POWERS, DUTIES AND RESPONSIBILITY
THE JUDGE Art. 139. The judge shall direct the process as
the provisions of this Code by: I – assure the parties equal treatment; II – ensure the reasonable duration of the proceedings; III – prevent or suppress any contrary act
to the dignity of justice and reject postulations merely delaying; IV – determine all inductive measures,
coercive, essential or subrogatory necessary to ensure compliance with
of court order, including in actions that have as their object cash benefits; V – promote, at any time, self-composition,
preferably with the help of conciliators and judicial mediators; VI – extend the procedural deadlines and amend
the production order of the means of proof, adapting them to the needs of the conflict
in order to make the guardianship more effective of law; VII – exercise police power, requesting,
when necessary, police force, in addition to the internal security of forums and courts; VIII – determine, at any time, the attendance
parties to ask them about the facts of the case, in which case it will not affect
the penalty of confession; IX – determine the supply of assumptions
procedures and the remediation of other addictions procedural; X – When faced with various demands
individual repetitions, officiating the Ministry The Public Defender’s Office and, to the extent
to the extent possible, other legitimate refer to art. 5 of Law No. 7347, of 24
July 1985, and art. 82 of Law no. 8,078, of September 11, 1990, for, if
appropriate, to bring the action respective collective Single paragraph. The expected time delay
in item VI can only be determined before the regular deadline. Art. 140. The judge does not exempt himself from deciding
under the allegation of gap or obscurity of the legal system. Single paragraph. The judge will only decide for
equity in cases provided for by law. Article 141. The judge shall decide the merits within the limits
proposed by the parties, being prohibited from knowing questions not raised concerning
The law requires the initiative of the party. Article 142. Convincing, under the circumstances,
what plaintiff and defendant used the process to practice mock act or achieve end
prohibited by law, the judge shall make a decision that impedes the objectives of the parties by
the penalties of litigation in bad faith. Art. 143. The judge will answer, civil and regressive,
for loss and damage when: I – in the performance of his duties, proceed
with intent or fraud; II – refuse, omit or delay without just
reason, measure that should order of office or at the request of the party. Single paragraph. The predicted hypotheses
in item II shall be verified only after that the party requests the judge to determine
the providence and the request is not appreciated within 10 (ten) days. CHAPTER II IMPEDIMENTS AND SUSPECTION Art. 144. There is impediment of the judge, being him
exercise its functions in the process: I – in which he intervened as agent of the party,
as an expert, worked as a member prosecutor or gave testimony
as a witness; II – that he knew in another degree of jurisdiction,
having made a decision; III – when postulating in it, as
public defender, lawyer or member of the Ministry Audience, your spouse or partner, or
any relative, inbred or otherwise, in straight or collateral line to the third degree,
including; IV – when he is a party to the proceedings himself,
your spouse or partner, or blood relative or the like, straight or collateral, until
the third degree inclusive; V – when a partner or member of management
or business administration party to the process; VI – when he is a presumptive heir, donee
or employer of either party; VII – in which it appears as an institution
with whom you have an employment relationship or arising from a service contract
services; VIII – in which it appears as a client part of the
your spouse’s law office, companion or relative, inbred or similar,
straight or collateral, up to the third inclusive, even if sponsored by
lawyer from another office; IX – when taking action against the party
or your lawyer. Paragraph 1. In the event of item III, the impediment
only happens when the public defender, the lawyer or the prosecutor
already integrated the process before the start judging activity of the judge. Paragraph 2. The creation of a supervening fact is forbidden.
in order to characterize the judge’s impediment. Paragraph 3. The impediment provided for in item III
This also applies in the case of a mandate a law firm member who has
in his lawyer frames that individually the condition laid down therein, even if
not intervene directly in the process.

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