Direito 2023.2
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Item Parecer Jurídico(Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) GRACIANO, Guilherme Henrique Rombaldo; PRIMO, Gustavo Romero; MANGUSSI, Pedro Vinicius Carvalho; SILVA, Rosana Ribeiro da; SANSEVERINO, Cyro Gilberto Nogueira; PALOMO, João Fernando Alves; FARIA, Luiz Francisco Soeiro de; CAMBAÚVA, Rafael BragagnoleThis is a consultation formulated by Eliane, a chemical engineer by training and with experience in large companies in the cosmetics sector, with the purpose of clarifying the doubts presented below. In harmony with what was described by the consultant, Eliane, a victim of cuts in the company where she worked was fired, under pressure from her husband, she sought various means to find employment and guarantee an income for the future of her family. In this search, she discovered that her passion for cooking could bring her the income she was looking for, so she began to make various types of treats and create posts on her social networks.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 Parecer Jurídico(Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) LAVOURA, Diogo Bianchi; SILVA, João Pedro Elias da; COSTA, Octavio Fabri da; SILVA, Rosana Ribeiro da; SANSEVERINO, Cyro Gilberto Nogueira; PALOMO, João Fernando Alves; FARIA, Luiz Francisco Soeiro deThis is a query made by Eliane about some of the factors listed below. Given an incident in which she was involved, she seeks clarification regarding the typicality of the crime in which Aureliano Marcondes, vice-governor, allegedly killed a newborn, constituting the crime of homicide or infanticide. She also deals with electoral impediments to the possible candidacy for the position of governor of the current vice-governor who was reelected. Thirdly, she expands on the possibility of annulling a sentence due to irregularities in due process in the production of expert evidence in a civil case. Finally, she deals with the patrimonial liability of Individual Micro Entrepreneurs.Item Parecer Jurídico(Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) CORATITO, Camila Aparecida Sanches; SILVA, Katriny dos Reis e; SILVA, Rosana Ribeiro da; SANSEVERINO, Cyro Gilberto Nogueira; PALOMO, João Fernando Alves; FARIA, Luiz Francisco Soeiro de; CAMBAÚVA, Rafael BragagnoleThis is a query made by the client Eliane regarding issues involving the penalty imposed on a third party for co-authorship of a crime, the possibility of eligibility for the candidacy of the Vice-Governor for the position of State Governor, the restriction of defense in the production of evidence within the process, and the patrimonial responsibility of the individual microentrepreneur.Item Parecer Jurídico(Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) FELIX JÚNIOR, Fernando Aparecido; SILVA, Luiza Maria da; MACÁRIO, Tamires Tais de Paula; SILVA, Rosana Ribeiro da; SANSEVERINO, Cyro Gilberto Nogueira; PALOMO, João Fernando Alves; FARIA, Luiz Francisco Soeiro de; CAMBAÚVA, Rafael BragagnoleThis is a query made by Eliane regarding events in her personal life. When she started selling bread and cakes, the consultant gained notoriety by promoting her products on social media, where she met Aureliano Marcondes and, later, they began an extramarital relationship. During a conversation between the two, the possibility of Aureliano running for governor next year was questioned, given that he was in his second consecutive term as vice-governor. In this query, Elaine asks whether there are any constitutional impediments to a politician running for another office.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$5,000.00, the contract will be terminated, the installments not yet paid will be due early and a fine of 70% (seventy percent) will be levied on this amount, in addition to the return of the vehicle.Item Parecer Jurídico(Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) MIURA, Christian Minoru Silva; CHAGAS, Diogo Leonel das; JESUS, Isabel Reis de; SILVA, Rosana Ribeiro da; SANSEVERINO, Cyro Gilberto Nogueira; PALOMO, João Fernando Alves; FARIA, Luiz Francisco Soeiro de; CAMBAÚVA, Rafael BragagnoleThis is a legal consultation made by Eliane, through which she requests clarifications regarding the crime committed by the Vice-Governor of the State, Aureliano Marcondes; regarding the constitutional impediments to the candidacy of the Vice-Governor for the position of Governor of the State, disregarding any criminal conviction for a crime committed; regarding the nullity of a civil lawsuit against the company that supplies professional coffee makers, whose expert report was not disclosed to the author; and regarding the consultant's financial liability, in view of the MEI debt of her name with the ALPHA bank that was collected in court.Item Relatório Técnico Diagnóstico(Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) MIGUEL, Luana Vitória Fenício; SILVA, Mariana Bizo; REZENDE, Sophia Beli; SILVA, William Cardozo; NICOLA, Fabricio Silva; BORSARI, Juliana MarquesDiego and Ana, married, with the objective of obtaining a vehicle, entered into a purchase and sale agreement with Mr. José. Said asset was sold to the couple for the amount of R$ 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 Parecer Jurídico(Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) COSMO, Ana Lívia Rodrigues; GOMES, Evelyn Ceccon da Silva; VERGILIO, Gabriela Oliveira; SILVA, Rosana Ribeiro da; SANSEVERINO, Cyro Gilberto Nogueira; PALOMO, João Fernando Alves; FARIA, Luiz Francisco Soeiro de; CAMBAÚVA, Rafael BragagnoleGiven the tumultuous events that marked Eliane's life, from the loss of her job due to the pandemic to the upheavals in her personal and professional life, the conclusion is a complex reflection of the choices and circumstances faced by the consultant. Eliane, initially an unemployed chemical engineer, found in her passion for cooking an innovative way to face financial challenges. Her success as a digital influencer provided not only recognition, but also the opportunity to undertake by opening a physical store. However, the exposure on social media triggered conflicts in her relationship with her husband, César, and attracted the unwanted attention of the Vice-Governor, Aureliano Marcondes. The plot becomes more complicated with the development of an illicit relationship between Eliane and Aureliano, resulting in a pregnancy with uncertain paternity. The adversities increase with financial problems, lawsuits against her MEI and, finally, the tragedy involving the birth of her daughter and the crime committed by Aureliano.Item Parecer Jurídico(Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) ABREU, Breno Dellis de; SILVA, Isabela Hillary Moreira; GUILHERME, Maria Laura; SANTOS, Tamiris Bezerra dos; SILVA, Rosana Ribeiro da; SANSEVERINO, Cyro Gilberto Nogueira; PALOMO, João Fernando Alves; FARIA, Luiz Francisco Soeiro de; CAMBAÚVA, Rafael BragagnoleEliane, affected by the consequences of the pandemic, was a victim of cuts at the company where she worked and became unemployed. However, she discovered her passion in the culinary area, and as a form of promotion and sales strategy, she started publishing videos of her recipes on social networks such as Instagram and Tik Tok. Making this her new source of income.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 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 Parecer Jurídico(Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) MENDES, Melissa Minelli; BASILIO, Thales; SILVA, Rosana Ribeiro da; SANSEVERINO, Cyro Gilberto Nogueira; PALOMO, João Fernando Alves; FARIA, Luiz Francisco Soeiro de; CAMBAÙVA, Rafael BragagnoleThis is a query formulated by Eliane, a chemical engineer, microentrepreneur in the confectionery sector and mother, in which the consultant raises the following doubts, but before addressing the questions themselves, it is important to summarize the context that led to the need for these questions: Due to the cuts made by the company she worked for, Eliane was fired, forcing her to look for ways to earn an income to support her family. In her various searches, Eliane discovered that her love for cooking could, together with the internet, guarantee a satisfactory income for her and her husband. Some time after Eliane started her entrepreneurship together with advertising on the internet, she attracted several people, many of them were men who complimented her all the time because of her beauty and charisma. The comments made her husband jealous, which caused several arguments.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 Parecer Jurídico(Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) MACIEL, Carina Bono; BARBOSA, Patrícia Flores; SILVA, Rosana Ribeiro da; SANSEVERINO, Cyro Gilberto Nogueira; PALOMO, João Fernando Alves; FARIA, Luiz Francisco Soeiro de; CAMBAÙVA, Rafael BragagnoleThis is a legal consultation made by Mrs. Eliane about issues experienced during an extramarital relationship, which led to several problems in her love life and finances, culminating in the commission of a crime against the life of her newborn daughter, in addition to a civil lawsuit involving her micro-business. The consultant reports that she became pregnant after starting an extramarital relationship and when she learned of the pregnancy, her ex-husband abandoned her. Her lover helped her during the pregnancy, even though there were doubts as to whether he was the alleged father. Upon discovering that her ex-husband was the father of the child, Eliane became very angry, as she wanted the baby to be her lover's daughter. After the birth of the child, showing signs of postpartum depression, the consultant felt a strong desire to end her own daughter's life.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 Parecer Jurídico(Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) BLAZZI, Ana Clara Ramos; SILVA, Gabriela Sizino da; BREDA, Giovana Jacovete; SILVA, Rosana Ribeiro da; SANSEVERINO, Cyro Gilberto Nogueira; PALOMO, João Fernando Alves; FARIA, Luiz Francisco Soeiro de; CAMBAÚVA, Rafael BragagnoleThis is a query formulated by Eliane on four different subjects. They are: who can be held responsible for the crime of infanticide, whether there is any constitutional impediment for the vice-governor to run for governor, whether a process can be annulled due to lack of notification of the party and whether personal assets can be affected by MEI debts.Item Parecer Jurídico(Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) CUNHA, José Guilherme Ferreira Lopes da; JESUS, Lucas Machado de; RIBAS, Victor Mariano; SILVA, Rosana Ribeiro da; SANSEVERINO, Cyro Gilberto Nogueira; PALOMO, João Fernando Alves; FARIA, Luiz Francisco Soeiro de; CAMBAÚVA, Rafael BragagnoleThis is a query formulated by Eliane about the possibility of the assets of an individual being affected by the debt of their MEI, about the viability of the Vice-Chief Executive's candidacy for Chief Executive (disregarding any criminal convictions), about the incidence of homicide or infanticide in the case presented, together with the comparative analysis of their respective sentences and about the possibility or not of annulling the process exposed by the consultant, observing the moment of this potential annulment.