Post by xyz3500 on Feb 22, 2024 0:35:11 GMT -5
Understanding that it is necessary to wait for the adversary proceedings for the provisional protection to be assessed, the 1st Chamber of Private Law of the Court of Justice of São Paulo denied an appeal from Vitalcred, a manufacturer of debit and credit card machines, which was trying to receive immediate payment from the Corinthians a fine of approximately R$480 thousand. reproduction Company took Corinthians to court to receive a fine for contract termination The company filed an action to terminate the contract and charge a fine, with a request for provisional protection of evidence, after Corinthians decided to break a contract just one month after signing. As a result of the termination, Vitalcred expects to receive the fine and requested provisional relief for “evidence of admission of non-compliance with the contract and, thus, to avoid abuse of the right of defense.
In the first instance, the request was rejected. The decision was upheld in the TJ-SP unanimously. According to the rapporteur, judge Claudio Godoy, it is necessary to hear the arguments of Corinthians' defense before deciding to charge the fine in advance. “The author formulated a request for protection of evidence, based on the provisions of article 311, I, of the CPC, always Israel Mobile Number List referring to the abuse of the right to defense if, previously, the defendant admitted his lack of interest in the contract”, he stated. However, stated the rapporteur, the approval of the measure, in this situation, is conditional on prior notification of the other party. “Only in the cases set out in items II and III can protection be granted outright”, explained Godoy in rejecting Vitalcred’s request.
His colleague on the court, federal judge José Lunardelli , treats the operation as just another one and says it is hasty to talk about a legacy. “'Lava Jato' is one of hundreds of operations carried out by the Federal Police, it is important in the fight against corruption, as are the others in preventing and punishing various crimes. All operations have successes and errors. Given the size that 'lava jet' has reached, it is more exposed and it is still too early to know what results it will leave for society”, he states.For journalist and political commentator Reinaldo Azevedo, one of the negative points of “lava Jato” is the cult of personality of the former judge and current Minister of Justice of Bolsonaro, Sergio Moro. “He was beatified by the press. The press adopted a dynamic of voluntary servitude in relation to this operation that I was always against,” he says.
In the first instance, the request was rejected. The decision was upheld in the TJ-SP unanimously. According to the rapporteur, judge Claudio Godoy, it is necessary to hear the arguments of Corinthians' defense before deciding to charge the fine in advance. “The author formulated a request for protection of evidence, based on the provisions of article 311, I, of the CPC, always Israel Mobile Number List referring to the abuse of the right to defense if, previously, the defendant admitted his lack of interest in the contract”, he stated. However, stated the rapporteur, the approval of the measure, in this situation, is conditional on prior notification of the other party. “Only in the cases set out in items II and III can protection be granted outright”, explained Godoy in rejecting Vitalcred’s request.
His colleague on the court, federal judge José Lunardelli , treats the operation as just another one and says it is hasty to talk about a legacy. “'Lava Jato' is one of hundreds of operations carried out by the Federal Police, it is important in the fight against corruption, as are the others in preventing and punishing various crimes. All operations have successes and errors. Given the size that 'lava jet' has reached, it is more exposed and it is still too early to know what results it will leave for society”, he states.For journalist and political commentator Reinaldo Azevedo, one of the negative points of “lava Jato” is the cult of personality of the former judge and current Minister of Justice of Bolsonaro, Sergio Moro. “He was beatified by the press. The press adopted a dynamic of voluntary servitude in relation to this operation that I was always against,” he says.