Direito 2023.2
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Item Providências Jurídicas: Direito Administrativo(Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) MENEZES, Ana Clara Peixoto Oliveira de; BISPO, Brenda Costa; MONTEIRO, Larissa Ketley da Silva; GIMENEZ, Márcio Vinícius Galliego; BRANDI, Maria Gabriele Rossetto; CAMBAÚVA, Rafael Bragagnole; BORSARI, Juliana Marques; LIMA, Daniele Arcolini C. de; NICOLA, Fabricio SilvaThe defendant, Jorge Valadares, a striker signed by Cruzeiro, was participating in the Brazilian Football Championship against Atlético Mineiro. During the match, the coach of the team ordered his player "Marquinhos" to mark the defendant, preventing Valadares from reaching any possible attacks. The player, excited by the strong marking, kicked Marquinhos, who ended up being thrown off the field, which resulted in the interruption of the game and a foul applied by Damba, the referee of the game, which initially resulted in a yellow card. After the interruption of the act, the defendant pointed his fingers and called the Senegalese referee a monkey. After the red card was applied, the striker kneed the Senegalese in the thigh and elbowed him in the ribs, which resulted in his expulsion and exit from the field amid boos.Item Providências Jurídicas: Direito Internacional(Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) CARMO, Catherine Sanches Pellegrino Alves do; SOUZA, Francielly Gonzaga de Souza; BUZELLI, Giulia Territo Moreira; SARTORI, Mikaely Mayara da Silva; ANTONIETO, Sara Vinche; CAMBAÚVA, Rafael Bragagnole; BORSARI, Juliana Marques; LIMA, Daniele Arcolini C. de; NICOLA, Fabricio SilvaAfter a decision was made by the Minister of State for Justice and Public Security, an act was published on the expulsion and a fixed period of prohibition from re-entering the national territory of the defendant, who was notified of the expulsion on September 25, 2023. Abidugun is a Nigerian national and is imprisoned in Brazil, serving a 5-year prison sentence for drug trafficking. An investigation was opened, the defendant presented his defense and the witnesses were heard. However, expulsion was the administrative measure recommended and established by the Minister of State for Justice and Public Security.Item Providências Jurídicas: Direito Previdenciário(Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) SOUZA, Alef Pires de; BALDASSI, Izadora Aparecida Moreira; CUSENTINE, Jackeline Ferreira; SANTOS, Lais Emanuelle dos; PEREIRA, Maria Fernanda Dias; SANTICHIOLLI, Mylena Simioni; CAMBAÚVA, Rafael Bragagnole; BORSARI, Juliana Marques; LIMA, Daniele Arcolini C. de; NICOLA, Fabricio SilvaThe Plaintiff lived for approximately six months in a stable union with Mr. PAULO NOBRE, a Brazilian, single, factory toolmaker. However, on August 2, 2023, as a result of a work accident, Paulo died, leaving the Plaintiff as his only dependent. This fact led the Plaintiff to contact the Defendant, claiming the Survivor's Pension Benefit, through a protocol with the Social Security Authority. However, on August 29, 2023, the Plaintiff was informed that her request, NB 123.456.789-0, had been denied. This denial is due to the argument that her condition as a dependent of the deceased was not demonstrated, since they had lived together for a period of less than two years, a fact that did not grant the Plaintiff the right to the survivor's pension.Item Providências Jurídicas: Direitos Transindividuais(Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) ALVES, Kaylane Cristina Marin; REIS, Lhara Kayane dos; ROSA, Maria Vitória de Alvarenga; ROBERTO, Rodrigo de Oliveira; GODOI, Thaissa de Souza; CAMBAÚVA, Rafael Bragagnole; BORSARI, Juliana Marques; LIMA, Daniele Arcolini C. de; NICOLA, Fabricio SilvaFirstly, it should be noted that the Violated Party became aware of the Violation Notice on 09/19/2023, therefore, as stated in art. 71, item I, of Law No. 9,605/98, the offender has a period of 20 (twenty) days to offer a defense or objection against the act of violation.Item Relatório Técnico Diagnóstico(Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) MESSIAS, Leonardo Callegari; BONVENTO, Luis Fernando; MENDES, Victor Hugo Merlli da; SILVA, William Cardozo; NICOLA, Fabricio Silva; BORSARI, Juliana MarquesDiego and Ana, married under a regime of universal community of property, came to this law firm seeking clarification after becoming aware of a contract enforcement action in which both would be defendants in the action, after receiving the summons. The contract in question has as creditor Mr. José, the couple's neighbor, who sold them a motor vehicle through a purchase and sale agreement, agreed upon in such a way that payment would be made in twenty (20) monthly installments in the amount of five thousand reais (R$ 5,000.00), totaling one hundred thousand reais (R$ 100,000.00). The couple honored the payment of seventeen (17) installments, totaling eighty-five thousand reais (R$ 85,000.00), becoming in default on three (3) installments, totaling the amount of fifteen thousand reais (R$ 15,000.00). The contract in question would have in its scope clause number thirteen (13), which states: “In the event of unjustified non-payment of any of the 20 (twenty) monthly installments of R$5,000.00, the contract will be terminated, the installments not yet paid will be due early and a fine of 70% (seventy percent) will be levied on this amount, in addition to the return of the vehicle.Item Relatório Técnico Diagnóstico(Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) MIGUEL, Luana Vitória Fenício; SILVA, Mariana Bizo; REZENDE, Sophia Beli; SILVA, William Cardozo; NICOLA, Fabricio Silva; BORSARI, Juliana MarquesDiego and Ana, married, with the objective of obtaining a vehicle, entered into a purchase and sale agreement with Mr. José. Said asset was sold to the couple for the amount of R$ 100,000.00 (one hundred thousand reais), in 20 (twenty) monthly installments of R$ 5,000.00 (five thousand reais). After paying 17 installments, they failed to pay the last three, which led the seller to file a contractual termination action against the defaulters, who received a summons.Item Relatório Técnico Diagnóstico(Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) SALVI, Fernanda de Lima; ZANCHETTA, Maria Júlia; RAFALDINE, Mariana Pereira; RAIMUNDO, Mellanie da Silva; CARVALHO, Nathalia Defente; SILVA, William Cardozo; NICOLA, Fabricio Silva; BORSARI, Juliana MarquesClients Ana and Diego, married under a community property regime, entered into a purchase and sale agreement for a car worth R$100,000.00 (one hundred thousand reais) in 20 installments of R$5,000.00 (five thousand reais) from their neighbor, Mr. José. The spouses paid 17 installments, with the last three installments remaining unpaid. In view of this, Mr. José, the neighbor and seller, summons the buyers, requesting in the initial claim that the contract be revoked together with the return of the car, which will result in early maturity of the installments not yet paid and a fine of 70% (seventy percent) of this amount, owed to the seller.Item Relatório Técnico Diagnóstico(Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) FONSECA, Rafaella José; SOUZA, Roberta Nussa de; PERINOTTO, Vitória Munhoz; SILVA, William Cardozo; NICOLA, Fabricio Silva; BORSARI, Juliana MarquesJosé sold a car to his neighbors Diego and Ana, who are married under a universal property regime. The couple acquired the vehicle through a purchase and sale agreement for R$100,000.00, payable in 20 monthly installments of R$5,000.00. They were able to pay the vehicle on time up until the 17th installment, but were in default on the last three. In view of the above, Mr. José filed a lawsuit to terminate the contract, and the couple was served with a summons. Upon reading the initial petition, they observed that the requests were for the termination of the contract, the return of the vehicle, the conviction of Diego and Ana to pay a fine of 70% and also the search and seizure, and also the application of clause 13 of the contract, which stated: “In the event of unjustified non-payment of any of the 20 (twenty) monthly installments of R$5,000.00, the contract will be terminated, the vehicle must be returned to the seller, and the installments not yet paid will be due in advance and a fine of 70% (seventy percent) will be applied to this amount, due to the seller.”Item Relatório Técnico Diagnóstico(Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) LUQUETA, Giovanni Augusto; LAURINDO, Lucas Guimarães Vuolo; CAMPESE, Luiza Ferraz; SILVA, William Cardozo; NICOLA, Fabricio Silva; BORSARI, Juliana MarquesDiego and Ana, married under the universal community property regime, purchased José's automobile for R$100,000.00 (one hundred thousand reais). The formal purchase and sale agreement provided for this amount to be paid in 20 (twenty) monthly installments of R$5,000.00 (five thousand reais). However, the couple was unable to fully comply with the stipulated rule, since they were unable to pay the last 3 (three) installments of the agreement. For this reason, based on clause 13 (thirteen) of the aforementioned agreement, José filed a lawsuit against Diego and Ana, requesting the termination of the contract, the return of the property, the receipt of a fine of 70% (seventy percent) on the value of the installments not yet paid, and also the search and seizure of the vehicle.Item Relatório Técnico Diagnóstico(Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) SILVEIRA, Helena Santana; RAMOS, Lucas Colozzo; FIGUEIREDO, Ryan Matheus Nogueira; OLIVEIRA, Vitória Caroline Viana; SILVA, William Cardozo; NICOLA, Fabricio Silva; BORSARI, Juliana MarquesThe initial claims made by the opposing party are permeated with obscurity, the contract is classified as having a commutative nature and of continued execution. The contracting parties were agreed upon a purchase and sale contract for an automobile, in the amount of R$100,000.00 (one hundred thousand reais), divided into 20 monthly installments of R$5,000.00 (five thousand reais). 17 (seventeen) installments were paid, leaving only 3 (three) installments unpaid. It is worth noting the tiny amount to be paid, in comparison to the penalty clause inserted in the contract, and the violation of the principle of good faith.Item Relatório Técnico Diagnóstico(Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) FORNAZIEIRO, Bianca Gomes; SANTOS, Bruna Roberta dos; CAMPOS, Kamila Silveira; SILVA, William Cardozo; NICOLA, Fabricio Silva; BORSARI, Juliana MarquesAccording to reports, Diego, Ana and Caio sought legal support after facing some conflicts. Diego and Ana, married under the universal community property regime, purchased a vehicle from their neighbor, which was acquired through a purchase and sale agreement, and the vehicle was sold for R$100,000.00 (one hundred thousand reais) in 20 (twenty) installments of R$5,000.00 (five thousand reais) per month. The couple managed to pay 17 installments for the vehicle, remaining in debt for the last three. In view of this, they received a summons for an action brought by their neighbor, Mr. José, which required the termination of the contract, return of the vehicle and early payment of the unpaid installments, with a fine of 70% of the value. In addition, Mr. José also requested the immediate search and seizure of the vehicle.Item Relatório Técnico Diagnóstico(Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) SANTOS, Camila Bacha dos; GRILO, Eduardo Costa; GOMES, Luana Menegatto; FIORIO, Nicolle; SILVA, William Cardozo; BORSARI, Juliana Marques; NICOLA, Fabricio SilvaDiego and Ana are married under the universal community property regime, and during their relationship, they acquired a vehicle from José, their neighbor, through a written purchase and sale agreement, for the price of R$100,000.00 (one hundred thousand reais), in 20 monthly and successive installments of R$5,000.00 (five thousand reais) each.Item Relatório Técnico Diagnóstico(Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) FRANCO, Amanda da Silva; SILVA, Gisele Cristiane Thomaz da; MARTINS, Isabela Rodrigues; MARTINS, Keterly Poliana; SILVA, William Cardozo; BORSARI, Juliana Marques; NICOLA, Fabricio SilvaDiego and Ana, married under the universal community property regime, obtained a vehicle worth R$100,000.00 (one hundred thousand reais) divided into 20 monthly installments of R$5,000.00 (five thousand reais). This movable property was sold by their neighbor, Mr. José. However, they defaulted on the last three installments. In the process, the creditor requested the termination of the contract and the return of the vehicle, requesting the application of clause 13 of the contract, which mentions that non-payment will result in the early maturity of the installments together with the application of a fine of 70% and also immediate search and seizure of the property.Item Relatório Técnico Diagnóstico(Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) BOAVENTURA, Paulo Antonio; PIO, André Israel; CLAUDINO, Mateus Vinícius da Silva; GONÇALVES, Renato Parreira; MARCONDES, Vítor Emídio; SILVA, William Cardozo; NICOLA, Fabricio Silva; BORSARI, Juliana MarquesThis is a technical diagnostic report requested by Diego and Ana, who purchased a vehicle through a private purchase and sale agreement, classified as bilateral with continued execution, from Mr. José for the amount of R$100,000.00 (one hundred thousand reais), in 20 (twenty) monthly installments of R$5,000.00 (five thousand reais). Diego and Ana paid 17 (seventeen) installments, becoming delinquent on the last 3 (three). Due to the default, they received a summons for a contractual termination action filed by Mr. José. In addition to termination of the contract, Mr. José seeks early payment of the overdue installments, application of the contractual default penalty of 70% (seventy percent) on this amount, and search and seizure of the vehicle.Item Relatório Técnico Diagnóstico(Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) LIMA, Emilli Rayssa Mendonça de; MANCINI, Giovana Moreira; MAUCH, Rute da Silva Nascimento; SILVA, William Cardozo; NICOLA, Fabricio Silva; BORSARI, Juliana MarquesThis is a request made by interested parties Ms. Ana, Mr. Caio and Mr. Diego for the preparation of a technical diagnostic report through which the aim is to present clarifications and legal instructions, therefore aiming to guide, in a technical manner, those present in resolving the issues under analysis in accordance with the facts.Item Relatório Técnico Diagnóstico(Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) BERNARDES, Gabriele Deleni Pedroso; VICHINHSK, Heloa Romão; POVEDA, Julia Giollo; FRANCISCO, Julia Oliva; MORAES, Renata Gabrielli; SILVA, William Cardozo; NICOLA, Fabricio Silva; BORSARI, Juliana MarquesIt is essential to emphasize that, in legal transactions, such as contracts, there is no circumstance that exempts the subject from observing good faith. Therefore, it is crucial to emphasize the importance of adhering to the principles of objective good faith that aim to promote equity and honesty. It is worth remembering that Objective Good Faith is the core of the contract, and must be followed faithfully. In the event of non-compliance with it, one is faced with a Negative Breach of the Contract. Furthermore, this core has its so-called satellite or attached duties: honesty, loyalty, information and collaboration, with non-compliance with any of them being known as Positive Breach of the Contract.Item Relatório Técnico Diagnóstico(Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) SOUZA, Carina de; IGNÁCIO, Carlos Daniel; RIBEIRO, Luiz Davi; LAGO, Max Willian do; WENCESLAU, Patrícia Valverde; SILVA, William Cardozo; NICOLA, Fabricio Silva; BORSARI, Juliana MarquesIn case 1, Diego and Ana, who are married, purchased a vehicle from Mr. José for R$100,000.00 (one hundred thousand reais) in 20 (twenty) installments of R$5,000.00. The two were able to pay seventeen installments, and as a result, Mr. José filed a contractual termination action, demanding the return of the asset and the payment of a fine in the amount of 70% of the overdue installments, as stated in clause 13 of the contract signed and executed between the parties. The plaintiff also requests in the initial claim the immediate search and seizure of the vehicle. In the second case, Caio, Diego's brother, was convicted of the crime of bodily harm followed by death, a criminal offense defined in §3°, of art. 129, of the Penal Code. Having been granted parole after serving a two-year prison sentence, he was charged with possible criminal offenses as provided for in §1 of the same article. During a cruise ship departing from Santos-SP to Salvador-BA, Caio got into a fight with another passenger, of Italian origin, allegedly breaking the injured passenger's arm, and the injured passenger disembarked in Ilhabela-SP to receive assistance. The cruise ship continued on its route, and Caio was not arrested or questioned. After receiving a summons, he fears losing his benefit.Item Relatório Técnico Diagnóstico(Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) SOUSA, Ana Laura de; RODRIGUES, Daiane Cristina; RIBEIRO, Otávio Henrico Mathias; CARDOSO, Raíssa Maria Piccolo; SILVA, William Cardozo; BORSARI, Juliana Marques; NICOLA, Fabricio SilvaInitially, it is worth highlighting that the Civil Code of 2002 is based on 3 fundamental principles: ethics, sociality and operability; and, in the case of a contractual relationship, it is based mainly on principle-based values, which are widely used in the resolution of contractual conflicts, whether between the contracting parties themselves, as well as between them and third parties who are not part of the aforementioned relationship.Item Relatório Técnico Diagnóstico(Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) MOREIRA, Drienny Eduarda; CLEMENTINO, Emily Carolina; BASTOS, Fabiola Fernanda; ELIAS, Regina Beatriz Souza; SILVA, William Cardozo; NICOLA, Fabricio Silva; BORSARI, Juliana MarquesMr. Diego, a Brazilian citizen, married, and Mrs. Ana, a Brazilian citizen, married, came to this office to clarify their doubts about the lawsuit in which they were summoned, which is a contractual resolution action filed by José, a Brazilian citizen. Based on article 475 of the 2002 Civil Code, Mr. Diego and Mrs. Ana acquired a vehicle from their neighbor, Mr. José, through a purchase and sale agreement. They signed the contract with the following conditions: 20 installments of R$5,000.00, totaling R$100,000.00. Diego and Ana paid 17 installments, with 3 installments remaining in arrears, resulting in the summons of a contractual resolution action filed by Mr. José, in which he also requested the search and seizure of the vehicle along with a fine of 70% of the amount due. The requests made by Mr. José in the initial petition were: termination of the contract, return of the vehicle and a fine of 70% of the amount due, which represents 3 installments, totaling R$5,000.00.