Projetos Integrados (PI) Presencial- Direito
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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) 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) 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) 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) 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) 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) 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) 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) 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.