Pareceres Jurídicos 2022.2

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    Parecer Jurídico
    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2022-11-30) SILVA, Angélica Germano da; LAVELLI, Gabriella Gomes; CARVALHO, Izabela Cardenal; SILVA, William Cardozo; CAMPOS, Márcia Maeno de; BORSARI, Juliana Marques; NICOLA, Fabricio Silva
    This is a query formulated by Consultant Lívia in order to resolve doubts arising from her personal experience. The Consultant narrated that, in childhood, while living with her four brothers, her mother and her uncle, she was sexually abused more than once by the latter, named Sérgio and known by the nickname “Lorota”. Furthermore, Lívia sought out the authorities and denounced what had happened when she was nineteen years old and already residing in the capital of São Paulo, where she is studying Administration. As a result, a police investigation was launched to determine the facts at the 1st Women's Police Station in Francisco Morato, where the police report and statements made by Lívia were recorded.
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    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2022-11-30) MARTHA, Isabella Mapelli; SILVA, Larissa Cristina da; SILVA, William Cardozo; CAMPOS, Márcia C. Maeno de; BORSARI, Juliana Marques; NICOLA, Fabrício Silva
    Lívia Roberta, who consulted this opinion, begins by talking about the sexual abuse she suffered during her childhood, when she was eleven years old, by her uncle Sérgio ‘Lorota’. After years of silence and the development of numerous emotional and psychological traumas, Lívia finally decided to file a complaint about everything that she had gone through in childhood.
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    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2022-11-30) GRILO, Eduardo Costa; SANTOS, Camila Bacha dos; GOMES, Luana Menegatto; FIORIO, Nicolle; SILVA, Rosana Ribeiro da; SANSEVERINO, Cyro Gilberto Nogueira; ZAPPIA, Juliano Vieira; FARIA, Luiz Francisco Soeiro de; PALOMO, João Fernando Alves; SILVA, William Cardozo
    This is a query formulated by Márcio Dias, who seeks guidance on legal issues. The first doubt presented by the consultant was about the party's decision to make him ineligible, since his father, Olavo Dias, in the year in which Márcio decided to run for Federal Deputy for São Paulo, intends to run for re-election for the position of Governor. The other question presented by the consultant was about the need or not for his physical presentation at a hearing for the collection of late rents, which was processed in Mogi das Cruzes, but Márcio currently resided in São Paulo.
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    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2022-11-30) RODRIGUES, Daiane Cristina; BONVENTO, Luis Fernando; SILVA, Rosana Ribeiro da; SANSEVERINO, Cyro Gilberto Nogueira; FARIA, Luiz Francisco Soeiro de; PALOMO, João Fernando Alves; SILVA, William Cardozo
    This is a query formulated by Márcio Dias regarding the rejection of his candidacy for the position of Federal Deputy for the state of São Paulo by his political party; the mandatory physical presence to give testimony in a District other than your residence; possibility of his personal assets being liable for the debt contracted by the company MD Technologies, relating to the services provided by PNTM Security, which claims the disregard of legal personality; and, finally, in relation to the complaint of a crime against the tax order for refusing to provide an invoice for the products and services provided by his company, MD Technologies.
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    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2022-11-30) FRANCO, Amanda da Silva; SILVA, Gisele Cristiane Thomaz da; MARTINS, Keterly Poliana; SILVA, Rosana Ribeiro da; SANSEVERINO, Cyro Gilberto Nogueira; ZAPPIA, Juliano Vieira; FARIA, Luiz Francisco Soeiro de; PALOMO, João Fernando Alves; SILVA, William Cardozo
    Márcio Dias graduated in computer science and specialized in commercial activity, where he has been dedicated in this field since he was 20 years old, owner of the company MD Technologies, very well known in the state of São Paulo, dedicated to electronic commerce, having headquarters in the Capital of São Paulo and with branch in the city of Mogi das Cruzes – SP, being an Individual Company of Limited Responsibility (EIRELI), where it generated a high profit and at this moment its life was prosperous and honored obligations related to suppliers.
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    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2022-11-30) NOVENTA, Beatriz Turatti; MOREIRA, João Victor Bernal; FERNANDES NETO, Nelson; SILVA, William Cardozo; CAMPOS, Márcia Maeno de; BORSARI, Juliana Marques; NICOLA, Fabricio Silva
    The Consultant, Lívia Roberta, 21 years old, informs that at the age of 11 she was sexually abused by her uncle, Sérgio Lorota, more than once, and, as a result of such facts, suffered deep emotional and psychological damage .
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    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2022-11-30) CREMASCO, Antônio Francisco Rodrigues; OLIVEIRA, João Gabriel Ferreira de; SILVA, William Cardozo; CAMPOS, Márcia C. Maeno de; BORSARI, Juliana Marques; NICOLA, Fabrício Silva
    Attending on September 30, 2022, Mrs. Lívia, now a consultant, now 21 years old, reported that, about two years ago, she presented, to the police authority of the 1st Women's Police Station in Francisco Morato, news of a crime against her uncle, Mr. Sérgio ‘Lorota’, by practice, against himself, even as a child, of sexual abuse. A police investigation was initiated.
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    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2022-11-30) RIBEIRO, Luiz Davi; ZANCHETTA, Maria Julia; RAFALDINE, Mariana Pereira; SILVA, Rosana Ribeiro da; SANSEVERINO, Cyro Gilberto Nogueira; ZAPPIA, Juliano Vieira; FARIA, Luiz Francisco Soeiro de; PALOMO, João Fernando Alves; SILVA, William Cardozo
    This is a query made by Márcio Dias, Brazilian, young man, single, Businessman, RG 00.000.000-0, CPF 000.000.000-00, resident and located in São Paulo/SP.
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    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2022-11-30) SANTOS, Gustavo Viotto Martins dos; SILVA, Isadora Ramos Tavares da; OLIVEIRA, João Victor Rodrigues de; SILVA, Rosana Ribeiro da; SANSEVERINO, Cyro Gilberto Nogueira; ZAPPIA, Juliano Vieira; PALOMO, João Fernando Alves; SILVA, William Cardozo
    As the facts narrate, the consultant Mr. Márcio is the owner of a renowned and respected company located in the capital of São Paulo called MD Technologies, such is its interaction with the market that it has a branch in the city of Mogi das Cruzes - SP.
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    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2022-11-30) MONTEIRO, Ana Julia de Aro; ROSSI, Luiz Guilherme Mangueira de Almeida; PERAL, Renan Araujo; SILVA, William Cardozo; CAMPOS, Márcia C. Maeno de; BORSARI, Juliana Marques; NICOLA, Fabricio Silva
    This is a query formulated by Lívia Roberta on the possibility of annulment of the police investigation and the criminal process, since her uncle and investigated, Sérgio Lorota, was questioned by the Chief of Police without the presence of a defender. Also, ask if Sérgio is convicted of the crime of rape of vulnerable, he will fully serve the sentence in a closed regime. In sequence, it was asked about the possibility of the other party, in civil proceedings, of reciprocal succumbing in a sentence, to propose an appeal, even if the period established by law has already elapsed. Finally, he questioned whether the contract signed with another lawyer in relation to the provision of services and attorney fees is in compliance with the law, given the percentage required by the lawyer, Cléber.
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    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2022-11-30) FERREIRA, Eduardo Lourenço Diniz; TESTA, Henrique Jorge Dias; CAIÇARA, Lucas Silva; SILVA, William Cardozo; CAMPOS, Márcia C. Maeno de; BORSARI, Juliana Marques; NICOLA, Fabricio Silva
    As informed by Lívia, she alleges that she was raised in a humble family, with her four brothers, her mother and her uncle, called Sérgio 'Lorota', and, she tells us, that when she was eleven years old, was repeatedly sexually abused by Sérgio. At the age of nineteen, Lívia decided to communicate what had happened to the authorities, who proceeded with the initiation of a police inquiry at the 1st Women's Police Station in the city of Francisco Morato (place of the crime), with the incident report and Lívia's statements being recorded. .
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    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2022-11-30) MIGUEL, Luana Vitória Fenício; RAMOS, Lucas Colozzo; SILVA, Mariana Bizo; SILVA, Rosana Ribeiro da; SANSEVERINO, Cyro Gilberto Nogueira; ZAPPIA, Juliano Vieira; FARIA, Luiz Francisco Soeiro de; PALOMO, João Fernando Alves; SILVA, William Cardozo
    This is a consultation formulated by Marcio Dias, regarding the cause of reflex ineligibility due to kinship, the non-mandatory physical presence of the consultant for the personal testimony in a collection action, cause of disregard of the legal personality and prohibition error in relation to the crime committed.
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    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2022-11-30) FONSECA, Raffaela José; SOUZA, Roberta Mussa de; PERINOTTO, Vitória Munhoz; SILVA, Rosana Ribeiro da; SANSEVERINO, Cyro Gilberto Nogueira; ZAPPIA, Juliano Vieira; FARIA, Luiz Francisco Soeiro de; PALOMO, João Fernando Alves; SILVA, Wiliam Cardozo
    It is a query formulated by the consultant Márcio Dias, about the possibility of eligibility for Federal Deputy for the state of São Paulo, denied by the party whose allegation was the kinship with the then governor of the state. There is also doubt about the obligation to give personal testimony in court in person. And also, the possibility of the consultant responding with his own assets for the default of the same legal entity, and finally, the possibility of defense for criminal offense where the consultant claims ignorance of the law.
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    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2022-11-30) BERNARDES, Guilherme Pires; GIMENES, Letícia Domingos; CARVALHO, Lucas Vallim; SILVA, William Cardozo; CAMPOS, Márcia C. Maeno de; BORSARI, Juliana Marques; NICOLA, Fabricio Silva
    This is a query formulated by Lívia Roberta, a Business Administration student, in view of the narrated facts.
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    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2022-11-30) SILVA, Ana Clara Aznar Santos; CACHOLI, Júlio César Cavini; GONÇALVES, Leticia Pires; SILVA, William Cardozo; CAMPOS, Márcia C. Maeno de; BORSARI, Juliana Marques; NICOLA, Fabricio Silva
    This is a query formulated by Lívia Roberta regarding the case narrated below, in which it is questioned: the possibility of the investigation and the process being annulled because the police investigation was carried out without the presence of a lawyer, if Sérgio is convicted , will fully serve the sentence in a closed regime, if the appeal filed by the financial institution after the deadline is applicable and if the charging of fees at the level of 60% (sixty percent) of the economic benefit that the consultant obtains in the action against the financial institution.
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    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2022-11-30) ASSIS, Aline Fernandes de; GARCIA, Samantha; PORCEL, Vinicius Moreira; SILVA, William Cardozo; CAMPOS, Márcia C. Maeno de; BORSARI, Juliana Marques; NICOLA, Fabricio Silva
    Consultant Lívia Roberta spent her childhood and adolescence in the small town of Francisco Morato, where she lived in a precarious situation with her four brothers, her mother and her uncle Sergio. Currently, at the age of twenty-one, Livia lives in the capital of São Paulo and is on her way to finishing her business course. Despite her new situation being more favorable, she still carries deep traumas from her childhood, such as the sexual abuse suffered by her uncle Sergio with 11 years old. The crime was reported to the authorities at the age of nineteen. Once the abuses were reported, a police inquiry was initiated at the Francisco Morato Women's Police Station, where the police report and the victim's statements were recorded.
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    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2022-11-30) PEREIRA, Ana Carolina Balbino; MORAES, Gustavo Zuli; ALVARENGA, Jeniffer da Nóbrega; SILVA, William Cardozo; CAMPOS, Márcia C. Maeno de; BORSARI, Juliana Marques; NICOLA, Fabricio Silva
    It is a query formulated by Lívia Roberta, in which the issues that will be discussed below are brought up. Initially, she alleges that the consultant had been sexually abused by her uncle “Sérgio Lorota” when she was eleven years old, informing that when she turned nineteen she chose to denounce the agent of the criminal facts.
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    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2022-11-30) SOUSA, Ana Laura de; CARVALHO, Nathalia Defente; SILVA, Rosana Ribeiro da; SANSEVERINO, Cyro Gilberto Nogueira; ZAPPIA, Juliano Vieira; FARIA, Luiz Francisco Soeiro de; PALOMO, João Fernando Alves; SILVA, William Cardozo
    Márcio Dias, now consultant, owner of the company MD Technologies, an Individual Limited Liability Company (EIRELI) highly regarded in the field of technology in the state of São Paulo, having its headquarters located in the capital of São Paulo and having a branch in the city of Mogi das Cruzes/SP. In order to assist the development of its branch in an adjacent way, considering that the headquarters in the capital were prosperous and well established, the consultant reported that in 2015 he moved to Mogi das Cruzes, settling in the prime area of the municipality , starting to live in an apartment whose monthly rent amounted to R$ 12,000.00 (twelve thousand reais).
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    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2022-11-30) GONÇALVES, Leticia Pires; SILVA, Ana Clara Aznar Santos; CACHOLI, Júlio César Cavini; SILVA, William Cardozo; CAMPOS, Márcia C. Maeno de; BORSARI, Juliana Marques; NICOLA, Fabricio Silva
    This is a query formulated by Lívia Roberta regarding the case narrated below, in which it is questioned: the possibility of the investigation and the process being annulled because the police investigation was carried out without the presence of a lawyer, if Sérgio is convicted , will fully serve the sentence in a closed regime, if the appeal filed by the financial institution after the deadline is applicable and if the charging of fees at the level of 60% (sixty percent) of the economic benefit that the consultant obtains in the action against the financial institution.
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    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2022-11-30) SILVA, Ana Beatriz Castilho Noronha; BACHESCHI, Heda Nayra dos Santos; FERRARI, Helder Estevão; SILVA, William Cardozo; CAMPOS, Márcia Maeno; BORSARI, Juliana Marques; NICOLA, Fabricio Silva
    This is a query carried out by Lívia Roberta to clarify doubts.